This instrument is the Airports (Environment Protection) Regulations 2026.

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	1 April 2026.	1 April 2026

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under the Airports Act 1996.

4 Objects

The objects of this instrument are:

(a) to establish, in conjunction with national environment protection measures made under section 14 of the National Environment Protection Council Act 1994, a Commonwealth system of regulation of, and accountability for, activities at airports that generate, or have potential to generate:

(i) pollution; or

(ii) offensive noise; and

(b) to promote improving environmental management practices for activities carried on at airports.

5 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) airport lease;

(b) airport‑lessee company;

(d) airport site;

(e) Environment Minister;

(f) environment strategy;

(g) final master plan.

In this instrument:

Act means the Airports Act 1996.

air pollution has the meaning given by section 15.

airport environment officer means a person appointed under section 93.

at an airport includes under and over an airport.

authorisation means an authorisation under Division 3 of Part 4.

commercial receptor means a business operation, whether or not operated for profit.

environmental site register has the meaning given by subsection 56(1).

excessive noise: see Schedule 4.

generation:

(a) of pollution, means the emission or transmission of pollution in any way; and

(b) of noise, means the emission or transmission of noise in any way.

internal review decision has the meaning given by subsection 89(6).

internal reviewer has the meaning given by subsection 89(3).

investigation level, for a polluting substance in relation to air, water or soil pollution, means the investigation level for the substance set out in a table in Schedule 1, 2 or 3, as appropriate.

local standard means a standard made under section 34.

NATA means the National Association of Testing Authorities, Australia.

noise includes vibration.

Note: This instrument does not apply to noise generated by an aircraft in flight or when landing, taking off or taxiing at an airport, see paragraph 7(b).

noise control equipment means equipment to prevent, minimise, measure, record or monitor the generation of noise.

occupier, in relation to an area at an airport, means:

(a) if the area is not subject to a sublease or licence under the relevant airport lease—the airport‑lessee company for the airport; or

(b) if the area is subject to such a sublease or licence—the person having the right to occupy the area under:

(i) the sublease or licence; or

(ii) any lease or licence granted under the sublease or licence.

offensive noise has the meaning given by section 18.

operator: see subsections 12(3) and (4).

pollution includes air, water and soil pollution.

pollution control equipment means equipment to prevent, minimise, measure, record or monitor the generation of pollution.

rescue and fire‑fighting service means a rescue and fire‑fighting service in accordance with Annex 14 to the Convention on International Civil Aviation done at Chicago on 7 December 1944.

reviewable decision: see section 88.

sensitive receptor means:

(a) a dwelling; or

(b) an impermanent dwelling in a place designed, or reserved, for impermanent dwellings (for example, a caravan park or residential marina); or

(d) a child care institution, kindergarten, school, college, university or other educational institution; or

(e) a hospital, medical centre or nursing home; or

(f) a building that is a church or similar place of worship; or

(g) an area (if any) that, in accordance with subparagraph 71(2)(h)(ii) of the Act, is identified as environmentally significant.

soil pollution has the meaning given by subsection 17(1).

undertaking: see subsections 12(1) and (2).

USEPA means the Environment Protection Agency of the United States of America.

waste includes the following (whether or not it has a value or use):

(a) refuse in any form;

(b) discarded or disused plant or equipment;

Note: Some examples of waste include the following:

(a) waste oil and oil containers;

(b) surplus or spent chemicals, paints and solvents and their containers;

(d) waste paper, litter and food scraps.

water pollution has the meaning given by section 16.

6 Application of definitions in Airports Regulations 2024

An expression used in this instrument and in the Airports Regulations 2024 has the same meaning in this instrument as it has in the Airports Regulations 2024.

7 Limited application to aircraft activities

This instrument does not apply to:

(a) pollution generated by an aircraft; or

(b) noise generated by an aircraft in flight or when landing, taking off or taxiing at an airport.

Note: In relation to engine emissions (including emissions from fuel venting) and noise emissions by aircraft, see the Air Navigation (Aircraft Engine Emissions) Regulations and the Air Navigation (Aircraft Noise) Regulations 2018.

8 Airports to which this instrument applies

This instrument applies to airports to which Division 3 of Part 6 of the Act applies.

Note: Division 3 of Part 6 of the Act deals with environmental standards and requirements in relation to airports and applies to:

(a) a core regulated airport (see section 7 of the Act), if there is an airport lease for the airport; and

(b) an airport that is prescribed by section 9 of this instrument for the purposes of paragraph 131A(1)(b) of the Act, if there is an airport lease for the airport.

9 Prescribed airports to which Division 3 of Part 6 of the Act applies

For the purposes of paragraph 131A(1)(b) of the Act, the following airports are prescribed:

(a) Archerfield Airport;

(b) Bankstown Airport;

(d) Essendon Fields Airport;

(e) Jandakot Airport;

(f) Moorabbin Airport;

(g) Parafield Airport.

10 Operation of State laws

(1) For the purposes of subsection 136(2) of the Act, it is declared that a law of a State, to the extent that the law makes provision for and in relation to a matter referred to in the following provisions of the Act, has no effect in relation to an airport site declared under section 6 of the Airports Regulations 2024:

(a) paragraph 132(1)(a) (environmental pollution generated at airport sites);

(b) paragraph 132(1)(e) (noise generated at airport sites (other than noise generated by aircraft in flight));

(c) paragraph 133(1)(a) (monitoring, cleaning up, remedying or rectifying environmental pollution generated at airport sites);

(d) paragraph 133(1)(e) (monitoring, mitigating, remedying or rectifying noise generated at airport sites (other than noise generated by aircraft in flight)).

(2) Subsection (1) of this section does not apply to a law of a State to the extent that the law of the State makes provision for and in relation to the following matters:

(a) pollution from a motor vehicle;

(b) occupational health and safety matters;

(d) the use of a pesticide.

Note: Certain other Commonwealth laws (including the Environment Protection and Biodiversity Conservation Act 1999) also apply to persons affected by this instrument.

11 References to Australian Standards

An Australian Standard referred to in this instrument is the standard as in force or existing from time to time.

Note: Section 2L of the Acts Interpretation Act 1901 provides that a reference consisting of the words “Australian Standard” followed by the letters “AS” and a number is a reference to the standard so numbered that is published by, or on behalf of, Standards Australia Limited (ACN 087 326 690).

12 Undertakings at airports and operators of undertakings

(1) For the purposes of this instrument, an undertaking at an airport includes the following:

(a) the operation of a business at the airport;

(b) the carrying on of any activity, dealing, operation, process, or work at the airport;

whether or not operated or carried on for profit, authorised by an airport‑lessee company or otherwise lawfully authorised.

(2) For the purposes of this instrument, an undertaking does not include the following:

(a) the performance, by an airport‑lessee company for an airport, of duties or responsibilities of a sublessor or licensor in relation to the airport;

(b) the performance, by the airport‑management company (if any) for an airport, of the function of managing the airport;

(c) any vicarious liability that an airport‑lessee company or airport‑management company for an airport may have in relation to the carrying on of an undertaking at the airport by a person who is a sublessee or licensee of part of the airport.

(3) For the purposes of this instrument, an operator of an undertaking at an airport is a person, or each of the persons, (the relevant person):

(a) carrying on the undertaking; or

(b) on whose behalf, and under whose direction and control, the undertaking is being carried on by another person as agent or employee of, or by other arrangement with, the relevant person; or

(c) on whose behalf, and under whose direction and control, part of the undertaking is being carried on by another person as agent or employee of, or by other arrangement with, the relevant person.

Note: A relevant person may include a sublessee, a licensee, a sublicensee or a person operating under a licence, lease or other arrangement at an airport.

(4) To avoid doubt, an airport‑lessee company for an airport:

(a) is an operator of an undertaking at the airport if the airport‑lessee company carries on the undertaking at the airport; but

(b) is not an operator of the undertaking merely because the undertaking is carried on by a sublessee of the airport‑lessee company.

13 Testing

A test required to be carried out under this instrument must be carried out by a laboratory accredited by NATA to carry out that type of test, as follows:

(a) if NATA has approved a method for carrying out that type of test—using the method approved by NATA for that type of test;

(b) if paragraph (a) does not apply but a method for carrying out that type of test has been approved by an agency of a State or Territory that is responsible for matters relating to the protection of the environment in the State or Territory—using the method approved by the State or Territory agency;

(i) USEPA; or

(ii) the American Public Health Association; or

(iii) ASTM International.

14 Minister may determine investigation levels etc.

(1) This section is made for the purposes of subsection 132(1) of the Act.

(2) The Minister may, by legislative instrument, determine any or all of the following in relation to airport sites:

(a) investigation levels for contamination of air by specified substances deriving from specified sources;

(b) ambient air quality objectives;

(d) investigation levels for contamination of soil by specified substances;

(e) indicators of noise that is excessive:

(f) procedures, tests, methods, standards or reference levels for measuring or analysing any of the matters mentioned in paragraphs (a) to (e).

Note: Subsection 132(3) of the Act provides that regulations made for the purposes of subsection 132(1) of the Act may make provision for or in relation to a matter by conferring a power on the Minister.

(3) Before making a determination under subsection (2), the Minister:

(a) may seek expert advice in relation to the matters proposed to be covered by the determination from:

(i) Commonwealth and State agencies or bodies that have responsibility for, or expertise in, matters proposed to be covered by the determination; and

(ii) relevant independent experts; and

(b) must publish a notice on the Department’s website and in a newspaper circulating generally throughout Australia:

(i) stating that the Minister is considering making the determination specified in the notice; and

(ii) inviting persons to give the Minister a written submission about the proposed determination within 30 days after the publication of the notice.

(4) In making the determination, the Minister must have due regard to any expert advice provided to the Minister under paragraph(3)(a) and any submission received as result of an invitation under subparagraph (3)(b)(ii).

(5) Subsection (4) does not, by implication, limit the matters to which the Minister may have regard.

(6) This section does not limit section 17 of the Legislation Act 2003 (rule‑makers should consult before making legislative instruments).

Part 2—Pollution and noise

Division 1—Pollution

15 Air pollution

(1) For the purposes of this instrument, air pollution occurs when a pollutant is present in air in a quantity, a way, or a condition, or under a circumstance, that causes, or is likely to cause:

(a) harm to the environment; or

(b) unreasonable inconvenience to a person:

(i) at a place other than the immediate vicinity of the source of the pollutant; or

(ii) if the source is in a place to which members of the public have access—in that place.

(2) For the purposes of subsection (1), unreasonable inconvenience from an odour is likely to be caused to a person if:

(a) the odour is generated from something other than the ordinary operations of aircraft; and

(b) the odour is detectable, by an airport environment officer’s unassisted sense of smell, at a place mentioned in subparagraph (1)(b)(i) or (ii); and

(3) In this section:

pollutant includes:

(a) a substance, generated from a stationary source, being:

(i) a substance mentioned in column 1 of table 1 in Part 1 of Schedule 1 or, if a relevant local standard applies in substitution for Schedule 1, in that local standard;

(ii) solid particles (for example, smoke, dust, fly ash and cinders), or liquid droplets (for example, mist and fumes), of any kind when dispersed in the air; or

(b) an objectionable odour;

but does not include a substance that is a pollutant only because it causes depletion of ozone in the stratosphere.

stationary source means plant or equipment that:

(a) is fixed to a particular place for the purpose of carrying out its function; and

(b) is not a vehicle.

16 Water pollution

(1) For the purposes of this instrument, water pollution occurs when waters contain a polluting substance or organism that causes, or is reasonably likely to cause:

(a) the physical, chemical or biological condition of the waters to be adversely affected; or

(b) an adverse effect on beneficial use of the waters.

(2) For the purposes of subsection (1), waters contain a substance or organism if:

(a) the substance or organism is dissolved in the waters; or

(b) the substance or organism is:

(i) suspended or otherwise dispersed in the waters; or

(ii) floating on the surface of the waters; or

(iii) deposited on the bed of the waters;

whether or not the substance or organism is capable of uniformly mixing with water

(3) In this section:

adverse effect includes the effects so described:

(a) in Schedule 2; or

(b) if a relevant local standard applies in substitution for Schedule 2—in that local standard.

beneficial use means a use conducive to public health, safety, aesthetic enjoyment or other benefit.

waters means marine, estuarine or fresh waters, and includes the following:

(a) a body of water;

(b) a natural watercourse;

(d) groundwater;

(e) water in a channel, drain, pipe or other artificial holding facility (unless it is water in a system for the passage of sewage, or for the passage or trapping of pollution).

17 Soil pollution

(1) For the purposes of this instrument, soil pollution occurs when land, including groundwater, is contaminated by a substance that causes, or is reasonably likely to cause:

(a) the chemical or biological condition of the soil to be adversely affected; or

(b) an adverse effect on the present use of the land, or a proposed use of the land under a final master plan in force for the airport, because the land is, or is reasonably likely to be:

(i) unsafe or unfit for human habitation or occupation; or

(ii) in any other respect, harmful to the health or welfare of human beings; or

(iii) significantly offensive to human senses; or

(i) the land supports native flora or fauna; and

(ii) the substance degrades the capacity of the land to support the flora or fauna; or

(d) an adverse effect on beneficial use of any groundwater; or

(e) an adverse effect on beneficial use of adjacent land in accordance with a final master plan in force for the airport.

(2) Paragraphs (1)(b) and (e), and the rest of this instrument to the extent that it is affected by either of those paragraphs, apply in relation to Sydney West Airport and a time before the first final master plan comes into force for that airport as if:

(a) the words “a final master plan” were omitted from those paragraphs; and

(b) the words “an airport plan” were substituted.

(3) In this section:

beneficial use means a use conducive to public health, safety, aesthetic enjoyment or other benefit.

Division 2—Offensive noise

18 Offensive noise

(1) For the purposes of this instrument, offensive noise is noise that is generated at a volume, or in a way, or under a circumstance, that, in the reasonable opinion of an airport environment officer, offensively intrudes on individual, community or commercial amenity.

Note 1: Noise includes vibration, see the definition of noise in section 5.

Note 2: This instrument does not apply to noise generated by an aircraft in flight or when landing, taking off or taxiing at an airport, see paragraph 7(b).

Note 3: For the duty to prevent offensive noise occurring, see section 25.

(2) In forming an opinion for the purposes of subsection (1), the airport environment officer must have regard to:

(a) the volume, tonality and impulsive character (if any) of the noise; and

(b) the time of day the noise is generated, and the duration of the noise; and

(d) the location, in relation to the source of the noise, of:

(i) sensitive receptors; or

(ii) if there are no affected sensitive receptors—commercial receptors; and

(e) the indicators of excessive noise set out:

(i) in Schedule 4; or

(ii) if a relevant local standard applies in substitution for Schedule 4—in that local standard.

Part 3—Duties of operators of undertakings at airports

Division 1—Purpose of this Part

19 Purpose

This Part is made for the purposes of subsection 132(1) of the Act.

Division 2—Duties to prevent or minimise pollution

20 General duty to avoid polluting

(1) The operator of an undertaking at an airport must take all reasonable and practicable measures:

(a) to prevent the generation of pollution from the undertaking; or

(b) if prevention is not reasonable or practicable—to minimise the generation of pollution from the undertaking.

Note 1: A person that contravenes subsection (1) of this section commits an offence against subsection 132(2) of the Act.

Note 2: Under section 74 of this instrument, an airport environment officer may require the operator of an undertaking to take specified action to comply with subsection (1) of this section.

Note 3: This Division does not apply to offensive noise, which is covered by Division 4 of this Part.

(2) In determining whether a measure is reasonable or practicable, regard must be had to at least the following matters:

(a) the sensitivity of the environment at the airport to the pollution that the undertaking is capable of generating;

(b) the nature of the harm that the pollution that the undertaking is capable of generating will cause, or has the potential to cause, to that environment;

(c) the current state of technical knowledge about preventing, or minimising, pollution of the kind generated, or that will be generated, by the undertaking;

(d) all measures that might practicably be used to prevent or minimise such pollution, and the probable benefits and detriments (if any) that should be expected from the implementation of each measure.

(3) For the purposes of subsection 132(2) of the Act, the maximum number of penalty units for a contravention of subsection (1) of this section is declared to be 50.

21 Assumed compliance with general duty

(1) The operator of an undertaking at an airport is taken to comply with subsection 20(1), despite the generation of pollution from the undertaking, if the quantity, or rate, of pollution being generated:

(a) if the pollutant is a substance mentioned in column 1 of a table in Part 1 of Schedule 1, Schedule 2 or Schedule 3—is not more than the level set out in the table as the investigation level for contamination of air, fresh water, marine water or soil, as the case may be, by that pollutant; or

(b) if, under section 34, the Minister has made a local standard for the airport and the standard is in force—is not more than the investigation level (if any) set out in the standard or is otherwise consistent with the standard; or

(c) if, under section 43 or 47, the operator has been granted an authorisation for the airport and the authorisation is in force—is not more than the investigation level (if any) set out in the authorisation or is otherwise consistent with the authorisation.

(2) The provider of an aerodrome rescue and fire‑fighting service for an airport conducting fire training activities at the airport is taken to comply with subsection 20(1), despite the emission of dark smoke that is more than the investigation level for dark smoke set out in table 1 in Part 1 of Schedule 1, if the provider is complying with an agreement between the provider and the Secretary that:

(a) requires the provider to provide education about fire training activities to the public, the airport‑lessee company and airport tenants; and

(b) requires the provider to inform the airport‑lessee company and an airport environment officer before a fire training event; and

(d) requires the provider to inform an airport environment officer of any environmental incident caused by fire training activities; and

(e) provides for fire training events that produce dark smoke to be conducted at night; and

(f) is in force for a period, specified in the agreement, of not more than 3 years.

22 Duty in relation to use of pollution control equipment

(1) This section applies if:

(a) equipment (the operating equipment) is used by the operator of an undertaking at an airport when carrying on the undertaking; and

(b) pollution control equipment is:

(i) fitted to, or supplied with, the operating equipment when the operating equipment is supplied to the operator; or

(ii) specified or recommended for use with the operating equipment by the manufacturer or supplier of the pollution control equipment.

(2) The operator is taken not to comply with subsection 20(1) when using the operating equipment unless:

(a) the operating equipment is fitted with:

(i) the pollution control equipment; or

(ii) pollution control equipment that has comparable pollution control capability; and

(b) the pollution control equipment:

(i) is maintained in proper and efficient condition; and

(ii) is used effectively when the operating equipment is used.

Division 3—Duties to preserve certain biota, habitats, sites and species etc.

23 General duty to preserve certain biota, habitats, sites and species etc.

(1) The operator of an undertaking at an airport must take all reasonable and practicable measures to ensure that the operation of the undertaking, and any work in connection with the undertaking:

(a) will not:

(i) adversely impact biota or habitats of native species; or

(ii) interfere with sites of heritage value; and

(b) will not:

(i) adversely impact a listed threatened species, or a listed threatened ecological community, within the meaning of the Environment Protection and Biodiversity Conservation Act 1999; or

(ii) interfere with sites of significance to Aboriginal or Torres Strait Islander people; and

(c) if it is reasonably discoverable that, at the airport, there is a listed threatened species, or a listed threatened ecological community, within the meaning of the Environment Protection and Biodiversity Conservation Act 1999—is not inconsistent with action taken or proposed to be taken by an appropriate person to lessen the threat to the species or ecological community; and

(d) is not inconsistent with an international convention, treaty or other agreement to which Australia is a party, and that relates to a matter to which this instrument applies.

Note 1: A person that contravenes subsection (1) of this section commits an offence against subsection 132(2) of the Act.

Note 2 Under section 75 of this instrument, an airport environment officer may require the operator of an undertaking to take specified action to comply with subsection (1) of this section.

Note 3: The duty under this section may be affected by Division 3 of Part 4, which provides for the granting of authorisations.

(2) For the purposes of subsection 132(2) of the Act, the maximum number of penalty units for a contravention of subsection (1) of this section is declared to be 50.

(3) In subsection (1):

appropriate person includes the following:

(a) the Environment Department;

(b) a body, established in the State in which the airport is located, that has responsibilities in relation to the conservation of biota, habitat, heritage, ecological communities or biodiversity in the area where the airport is located.

24 Duty to give notice of discovery of certain objects, species or ecological communities at certain sites at airport

Discovery of certain objects, species or ecological communities

(1) This section applies if the operator of an undertaking at an airport, in the course of operating the undertaking (or carrying out work in connection with the undertaking), discovers an object, species or ecological community that indicates that the site of the undertaking, or the site where the work is being carried out, is:

(a) a site of previously unrecognised significance for local biota or habitats of native species; or

(b) a site of previously unrecognised:

(i) heritage value; or

(ii) significance to Aboriginal or Torres Strait Islander people.

Contravention by operator

(2) The operator must, within 5 business days of making the discovery, give written notice of the discovery to:

(a) the airport‑lessee company for the airport; and

(b) an airport environment officer.

Note: A person that contravenes subsection (2) of this section commits an offence against subsection 132(2) of the Act.

(3) For the purposes of subsection 132(2) of the Act, the maximum number of penalty units for a contravention of subsection (2) of this section is declared to be 50.

Contravention by airport‑lessee company

(4) An airport‑lessee company that receives a notice under subsection (2) must:

(a) record the discovery in the environmental site register for the airport; and

(b) within 90 days of receiving the notice (or such longer period as approved in writing by an airport environment officer), seek advice on appropriate conservation measures (if any) to be taken in relation to the discovery, from appropriately qualified persons with expertise in any of the following disciplines, as relevant to the discovery:

(i) heritage management;

(ii) Indigenous heritage management;

(iii) native flora and fauna conservation; and

(c) consult with the occupier of the area of the airport on which the discovery was made about any conservation measures recommended in the advice under paragraph (b).

(d) give a copy of any advice received under paragraph (b) to an airport environment officer within 30 days of receiving the advice; and

(e) at the same time as the airport‑lessee company gives the advice received under paragraph (b) to the airport environment officer, also give the airport environment officer a written report setting out the measures (if any) that the airport‑lessee company is taking, or proposes to take, to protect the discovery.

Note 1: Under subsection 56(1), an airport‑lessee company for an airport is required to keep an environmental site register for the airport.

Note 2: A person that contravenes subsection (4) of this section commits an offence against subsection 132(2) of the Act.

(5) For the purposes of subsection 132(2) of the Act, the maximum number of penalty units for a contravention of subsection (4) of this section is declared to be 50.

Division 4—Duties to prevent or minimise offensive noise

25 General duty to prevent or minimise offensive noise

(1) The operator of an undertaking at an airport must take all reasonable and practicable measures:

(a) to prevent the generation of offensive noise from the undertaking; or

(b) if prevention is not reasonable or practicable—to minimise the generation of offensive noise from the undertaking.

Note 1: A person that contravenes subsection (1) of this section commits an offence against subsection 132(2) of the Act.

Note 2: Under section 76 of this instrument, an airport environment officer may require the operator of an undertaking to take specified action to comply with subsection (1) of this section.

(2) For the purposes of subsection 132(2) of the Act, the maximum number of penalty units for a contravention of subsection (1) of this section is declared to be 50.

(3) In determining whether a measure is reasonable or practicable, regard must be had to the following:

(a) the circumstances in which a particular noise is generated, and current standards in best‑practice management of generation of noise in those circumstances;

(b) the current state of technical knowledge about preventing, or minimising, noise being generated from an undertaking of the kind being operated;

(c) all measures that might practicably be used to prevent or minimise the offensive noise, and the probable benefits and detriments (if any) that should be expected from the implementation of each measure.

26 Assumed compliance with general duty

An operator of an undertaking at an airport is taken to comply with subsection 25(1) if:

(a) noise generated from the undertaking is not regarded as excessive under the guidelines set out in Schedule 4; or

(b) noise generated from the undertaking could be regarded as excessive under the guidelines set out in Schedule 4, but:

(i) if, under section 34, the Minister has made a local standard for the airport and the standard is in force—is not regarded as excessive under the guidelines (if any) set out in the standard or is otherwise consistent with the standard; or

(ii) if, under section 43 or 47, the operator has been granted an authorisation for the airport and the authorisation is in force—is not regarded as excessive under the guidelines (if any) set out in the authorisation or is otherwise consistent with the authorisation.

27 Duty in relation to noisy operating equipment

(1) This section applies if:

(a) equipment (the operating equipment) is used by the operator of an undertaking at an airport when operating the undertaking; and

(b) the use of the operating equipment could result in offensive noise being generated by the operating equipment.

(2) The operator of the undertaking is taken not to comply with subsection 25(1) when using the operating equipment if the operating equipment:

(a) is not maintained in proper and efficient condition; or

(b) is operated in a manner that is not proper and efficient.

28 Duty in relation to noise control equipment

(1) This section applies if:

(a) equipment (the operating equipment) is used by the operator of an undertaking at an airport when operating the undertaking; and

(b) noise control equipment is:

(i) fitted to, or supplied with, the operating equipment when the operating equipment is supplied to the operator; or

(ii) specified or recommended for use with the operating equipment by the manufacturer or supplier of the noise control equipment.

(2) The operator is taken not to comply with subsection 25(1) when using the operating equipment unless:

(a) the operating equipment is fitted with:

(i) the noise control equipment; or

(ii) noise control equipment that has comparable noise control capability; and

(b) the noise control equipment:

(i) is maintained in proper and efficient condition; and

(ii) is used effectively when the operating equipment is used.

Part 4—Local standards and individual authorisations

Division 1—Purposes of this Part

29 Purposes of this Part

This Part is made for the purposes of paragraph 252(b) of the Act, unless a provision in this Part is expressed to be made for the purposes of the following provisions of the Act:

(a) subsection 132(1);

(b) subsections 132(1) and (3).

Division 2—Local standards

30 Airport‑lessee company may prepare draft local standard

(1) This section applies if an airport‑lessee company for an airport considers that the investigation levels, objectives, indicators, procedures, tests, methods or reference levels set out in a Schedule to this instrument are inappropriate for application at the airport.

(2) The airport‑lessee company may prepare a draft local standard setting out the investigation levels, objectives, indicators, procedures, tests, methods or reference levels that it considers should apply at the airport in substitution for those set out in the Schedule.

Note: Local standards made under this Division enable flexibility in the administration of this instrument where, because of climatic, topographic and similar considerations peculiar to an airport, or to the region in which an airport is located, strict compliance with the investigation levels, objectives, indicators, procedures, tests, methods or reference levels set out in a Schedule to this instrument would be unreasonable.

31 Request for Minister to make local standard

(1) This section is made for the purposes of subsections 132(1) and (3) of the Act.

(2) An airport‑lessee company may request the Minister to make the standard (the local standard) prepared by the airport‑lessee company under subsection 30(2) of this instrument.

Request must include details of consultation etc.

(3) The request under subsection (2) must state that in preparing the local standard, the airport‑lessee company:

(a) consulted with:

(i) the body, in the State in which the airport to which the proposed standard will apply is located, that has responsibility for regulating activities covered by the proposed standard; and

(ii) the Environment Department; and

(iii) all persons who could be significantly affected by the proposed standard; and

(b) published a notice in accordance with subsection (4):

(i) stating that the draft local standard may be viewed on the airport‑lessee company’s website; and

(ii) inviting interested persons to give written comments about the draft local standard to the airport‑lessee company within a specified period of at least 90 days after the publication of the notice; and

(iii) specifying an address to which comments may be sent.

(4) For the purposes of paragraph (3)(b), the notice must be published:

(a) on the airport‑lessee company’s website; and

(b) either:

(i) in a newspaper that has general circulation in the State in which the airport is located; or

(ii) in a local newspaper that circulates in the part of the State in which the airport is located.

Form of request to the Minister

(5) The request under subsection (2) must be in writing and must:

(a) be accompanied by:

(i) the draft local standard prepared by the airport‑lessee company under subsection 30(2); and

(ii) any reports or other documentation prepared, or obtained, by the airport‑lessee company to support the making of the local standard; and

(b) set out the following details:

(i) the reasons the local standard is needed;

(ii) the names of all bodies and persons consulted in accordance with paragraph (3)(a);

(iii) a detailed summary of the views of each body and person so consulted;

(iv) a detailed summary of any comments given in accordance with subparagraph (3)(b)(ii);

(v) the airport‑lessee company’s consideration of the views and comments mentioned in subparagraphs (iii) and (iv) of this paragraph; and

(c) include a declaration by the airport‑lessee company that the details and statements in the request are true and correct.

32 Ministerial decision whether to make local standard

(1) This section is made for the purposes of subsections 132(1) and (3) of the Act.

(2) After receiving a request under subsection 31(2) of this instrument to make a local standard for an airport, the Minister must decide:

(a) to make the local standard under section 34; or

(b) to refuse to make the local standard.

Matters Minister must take into account in making a decision

(3) In making a decision under subsection (2), the Minister must take the following into account:

(a) the views and comments mentioned in subparagraphs 31(5)(b)(iii) and (iv);

(b) the consideration of those views and comments by the airport‑lessee company in accordance with subparagraph 31(5)(b)(v);

(d) whether the local standard would be consistent, or inconsistent, with the objectives and proposed measures set out in the environment strategy for the airport;

(e) whether the local standard would permit a higher level of contamination in an area at the airport than would otherwise apply;

(f) the need to avoid inconsistency with national environment protection measures made under section 14 of the National Environment Protection Council Act 1994.

(4) The Minister’s decision must be based on expert environmental advice and, for that purpose, the Minister may consult:

(a) Commonwealth and State agencies or bodies that have responsibility for, or expertise in, matters proposed to be covered by the local standard; and

(b) relevant independent experts.

Local standard for Sydney West Airport

(5) Paragraph (3)(d) applies in relation to a local standard for Sydney West Airport, before the first final master plan comes into force for that airport, as if:

(a) the words “the objectives and proposed measures set out in the environment strategy for the airport” were omitted from that paragraph; and

(b) the words “an airport plan for the airport” were substituted.

Request taken to be refused if Minister does not decide within 90 days

(6) Subject to section 33, if the Minister does not make a decision on a request under subsection 31(2) within 90 days of receiving the request, the Minister is taken to have decided to refuse the request.

33 Minister may request more material for making decision

(1) This section applies if the Minister receives a request from an airport‑lessee company under subsection 31(2) to make a local standard for an airport.

(2) If the Minister believes on reasonable grounds that the Minister does not have enough material to make a proper decision under subsection 32(2), the Minister may, in writing, request the airport‑lessee company to provide specified material relevant to making the decision. The material must be specified in the request.

Time does not run while further material being sought

(3) If the Minister has requested specified material under subsection (2) for the purposes of making a decision, a day is not to be counted for the purposes of subsection 32(6), if it is:

(a) on or after the day the Minister requested the specified material; and

(b) on or before the day on which the Minister receives the last of the specified material requested.

34 How Minister makes a local standard

(1) This section is made for the purposes of subsections 132(1) and (3) of the Act.

(2) If the Minister decides under subsection 32(2) of this instrument to make a local standard, the Minister must, by legislative instrument, make the local standard:

(a) in the same form as the relevant draft standard; or

(b) in the same form as the relevant draft standard with only such modifications as the Minister considers necessary or appropriate.

(3) In this section:

modifications includes additions, omissions and substitutions.

35 Notification of Minister’s decision

(1) If the Minister makes a decision under subsection 32(2) about a local standard, the Minister must, as soon as practicable, notify the airport‑lessee company in writing of the decision.

(2) If the Minister:

(a) decides to refuse to make the local standard; or

(b) is taken to have decided to refuse the request to make the local standard; or

the notice to the airport‑lessee company must set out the reasons for the decision.

36 Commencement and duration of local standard

A local standard:

(a) comes into force:

(i) when it is made; or

(ii) if a later time is specified in the local standard—at that later time; and

(b) unless sooner revoked, remains in force for the period specified in the local standard.

37 Minister may vary or revoke local standard on request or on own initiative

(1) The Minister may, in accordance with this section, vary or revoke a local standard:

(a) if requested to do so under subsection (2); or

(b) on the Minister’s own initiative.

(2) An airport‑lessee company may, in writing, request the Minister to vary or revoke a local standard made by the Minister at the request of the airport‑lessee company under subsection 31(2).

(3) The request must set out:

(a) for a variation:

(i) how the local standard is to be varied; and

(ii) the reasons why the variation is required; and

(iii) the period for which the variation is required; and

(b) for a revocation—the reasons why the revocation is required.

(4) If the Minister is satisfied that in all the circumstances it is necessary or proper to do so, the Minister may, by legislative instrument:

(a) if the airport‑lessee company requested the variation or revocation:

(i) vary the local standard in the manner requested; or

(ii) vary the local standard with such modifications as the Minister considers necessary or appropriate; or

(iii) revoke the local standard; or

(b) otherwise—vary or revoke the local standard as the Minister considers necessary or appropriate in the circumstances.

(5) If the Minister varies or revokes a local standard under this section, the Minister must, in writing, notify an airport‑lessee company affected by the variation or revocation of the reasons for the variation or revocation.

(6) In this section:

modifications includes additions, omissions and substitutions.

38 Effect of local standard, variation or revocation

(1) If the Minister makes or varies a local standard for an airport, the investigation levels, objectives, indicators, procedures, tests, methods or reference levels set out in the local standard, as made or varied, apply at the airport in substitution for the investigation levels, objectives, indicators, procedures, tests, methods or reference levels in the relevant Schedule to this instrument that would otherwise apply at the airport.

(2) If the Minister revokes a local standard, the investigation levels, objectives, indicators, procedures, tests, methods or reference levels that applied at the airport immediately before the local standard came into force apply again at the airport when the revocation comes into force.

39 Commencement of variation or revocation of local standard

A variation or revocation of a local standard comes into force:

(a) when it is made; or

(b) if a later time is specified in the instrument of variation or revocation—at that later time.

Division 3—Authorisations

40 Effect of authorisation

An authorisation authorises a person to whom it is granted to carry out, during the period for which the authorisation has effect, actions or activities covered by the authorisation that would otherwise contravene this instrument.

41 Application for authorisation

(1) A person may apply to an airport environment officer for an authorisation under this section in relation to an airport.

(2) The application must be in writing and must:

(a) set out:

(i) the name of the applicant; and

(ii) the name of the airport concerned; and

(iii) the actions or activities to be covered by the authorisation; and

(b) for an action or activity that is likely to generate pollution—set out any investigation levels or objectives for the airport:

(i) under Schedule 1, 2 or 3 (the relevant Schedule); or

(ii) under a local standard applying in substitution for the relevant Schedule;

that are intended to be exceeded if the authorisation is granted, and the likely extent of the excess; and

(c) for an action or activity that is likely to generate noise—state whether the noise generated at the airport will be excessive:

(i) under the indicators in Schedule 4; or

(ii) under the indicators in a local standard applying in substitution for the indicators in Schedule 4;

if the authorisation is granted, and the likely level of the noise; and

(d) the reasons why the authorisation is required; and

(e) the period for which the authorisation is required.

Note: In cases of urgency, an application for an authorisation may be made orally, and granted, under section 47.

(3) The application must be accompanied by:

(a) an environment management plan detailing the actions that the applicant will take:

(i) to ensure that any actions or activities carried out in accordance with the authorisation will not result in pollution or noise that is overall more environmentally damaging than would be the case if the relevant investigation levels, noise guidelines or local standards mentioned in paragraphs (2)(b) and (c) were exactly complied with; or

(ii) if the applicant believes the outcome described in subparagraph (a)(i) can be achieved only over a period that exceeds the period for which the authorisation will have effect—to ensure that satisfactory progress is made towards achieving that outcome during the period for which the authorisation has effect; and

(b) if the applicant is not the airport‑lessee company for the airport—a written statement from the airport‑lessee company for the airport:

(i) endorsing the application and environment management plan; or

(ii) if the airport‑lessee company for the airport does not endorse the application and plan—setting out the reasons why the airport‑lessee company for the airport does not endorse the application and plan.

Airport environment officer may request applicant to provide further information

(4) An airport environment officer may, by notice in writing given to the applicant, request the applicant to provide further information, specified in the notice, that the airport environment officer considers is reasonably necessary to enable the airport environment officer to determine the application.

Airport environment officer may request airport‑lessee company to provide information and documents

(5) If the airport‑lessee company for the airport is not the applicant and an airport environment officer reasonably believes that the airport‑lessee company may have information or documents relevant to the application, the airport environment officer may:

(a) request the airport‑lessee company to provide the information or documents to the airport environment officer; and

(b) provide to the airport‑lessee company a copy of the application provided to the airport environment officer by the applicant.

(6) A request under subsection (5):

(a) must be in writing; and

(b) must specify the information or documents requested; and

42 Public to be notified of certain applications

Applications to which this section applies

(1) This section applies if an application is made under section 41 for an authorisation of any of the following kinds in relation to an airport:

(a) an authorisation proposed to be in force for a period longer than 90 days;

(b) an authorisation that, if granted, will allow an action or activity that is likely, in the opinion of the airport environment officer, to have a significantly adverse material impact on another person;

(c) an authorisation that, if granted, will allow an action or activity that, in the opinion of the airport environment officer, is likely to generate the following, frequently or repeatedly and protractedly:

(i) pollution in excess of an investigation level set out in Schedule 1, 2 or 3 (the relevant Schedule) or set out in a local standard applying to the airport in substitution for the investigation level in the relevant Schedule;

(ii) noise that is excessive under the indicators set out in Schedule 4 or under the indicators set out in a local standard applying to the airport in substitution for the indicators in Schedule 4.

Airport environment officer may require applicant to publish notice

(2) An airport environment officer may, by written notice given to the applicant, require the applicant:

(a) to publish a notice (the public notice) that:

(i) sets out details of the website where the application and the environment management plan that accompanied the application can be viewed; and

(ii) invites persons to give written comments about the application and the environment management plan; and

(iii) specifies a period, being not less than 30 days after the date of publication of the public notice, within which persons may give written comments about the application;

(iv) specifies an address to which comments may be sent; and

(b) to publish the public notice in one or more of the following ways:

(i) in a newspaper that has general circulation in the State in which the airport is located;

(ii) in a local newspaper that that circulates in the part of the State in which the airport is located;

(iii) if an applicant has a website—on the applicant’s website.

Applicant to bear costs of preparing and publishing notice

(3) The applicant must pay the reasonable costs of preparing and publishing the public notice.

Airport environment officer must publish notice on Department’s website

(4) The airport environment officer must cause a copy of the public notice to be published on the Department’s website as soon as is reasonably practicable after the notice is published under subsection (2).

Applicant must give an airport environment officer any written comments received as a result of the invitation for comments

(5) The applicant must give the airport environment officer any written comments received as a result of the invitation mentioned in subparagraph (2)(a)(ii), and do so within 15 days after the end of the period mentioned in subparagraph (2)(a)(iii).

43 Determination of application under section 41

(1) If an application is made under section 41 for an authorisation in relation to an airport, an airport environment officer may:

(a) grant the authorisation; or

(b) grant the authorisation subject to any conditions that the airport environment officer considers appropriate and specifies in the authorisation; or

(2) In deciding whether to grant the authorisation, the airport environment officer must take into account the following matters:

(a) any reasonable alternatives available to the applicant to achieve the objectives of the action or activity to be covered by the authorisation, including the possibility that the action or activity could be carried out in a different place;

(b) whether the applicant has taken all reasonably available measures to avoid, or minimise, the need for the authorisation;

(i) for the health or safety of any person; and

(ii) if a likely consequence of the action or activity to be covered by the authorisation is offensive noise—for the comfort of any person; and

(iii) for any aspect of the environment; and

(iv) if air quality is likely to be adversely affected—for compliance with the ambient objectives set out in Part 2 of Schedule 1 or with the ambient objectives set out in a relevant local standard that apply in substitution for the ambient objective in that Part;

(d) the period for which the authorisation would be required;

(e) the adequacy of the environment management plan that accompanied the application and the likelihood of the plan being realised;

(f) whether the authorisation is required to enable remediation work to be carried out on existing pollution generated by an activity carried out at the airport;

(g) whether granting the authorisation would be consistent, or inconsistent, with the objectives and proposed measures set out in the environment strategy for the airport;

(h) whether the airport‑lessee company for the airport has endorsed the application and the environment management plan that accompanied the application;

(i) if the airport‑lessee company for the airport has not endorsed the application and the environment management plan—the reasons why the airport‑lessee company has not endorsed the application and plan;

(j) whether granting the authorisation would have a significant impact on the interests of another person;

(k) if, under section 42, comments have been given in relation to the application—the comments;

(l) any other matter that the airport environment officer reasonably considers to be relevant.

Note: A decision under this provision may have to take account of a public environment report or an environmental impact statement, if any, under the Environment Protection and Biodiversity Conservation Act 1999.

(3) Paragraph (2)(g) applies to consideration of an application relating to Sydney West Airport before the first final master plan comes into force for that airport, as if:

(a) the words “the objectives and proposed measures set out in the environment strategy for the airport” were omitted from that paragraph; and

(b) the words “an airport plan for the airport” were substituted.

(4) In deciding whether to grant an authorisation subject to conditions, the airport environment officer must:

(a) take into account any commitment that the applicant has given to prevent or minimise pollution, or noise, of the kind to which the authorisation will apply; and

(b) prefer, if practicable, a decision that will promote improved compliance by the applicant with this instrument after the authorisation, if granted, ceases to have effect.

44 Applicant to be notified of decision on application

(1) An airport environment officer must notify an applicant in writing of the airport environment officer’s decision on an application under section 41 as follows:

(a) if the applicant has not been required to publish a notice under section 42 and further information has not been requested from the applicant under subsection 41(4)—within 90 days of receiving the application;

(b) if the applicant has been required to publish a notice under section 42:

(i) if the applicant has not received any comments about the application in response to an invitation under subparagraph 42(2)(a)(ii)—within 90 days after the end of the period specified under subparagraph 42(2)(a)(iii) for the giving of comments; or

(ii) if the applicant has received comments about the application in response to an invitation under subparagraph 42(2)(a)(ii)—within 90 days after the applicant gives the comments to the airport environment officer in accordance with subsection 42(5);

(c) if further information has been requested from the applicant under subsection 41(4)—within 90 days after the further information is received by the airport environment officer.

Note: A copy of the authorisation must be given to the airport‑lessee company for the airport concerned and the granting of the authorisation must be notified on the Department’s website, see section 48.

(2) If the decision was to refuse to grant the authorisation, or to grant the authorisation subject to conditions, the notice under subsection (1) must set out the reasons for the decision.

45 Authorisation granted under section 43 is subject to conditions

An authorisation granted under section 43 is subject to:

(a) the condition that the holder of the authorisation must comply with the environment management plan referred to in subsection 41(3) that accompanied the application for the authorisation; and

(b) any other conditions specified in the authorisation.

Note 1: Under section 79 an airport environment officer may require the holder of an authorisation to comply with a condition of the authorisation.

Note 2: If an authorisation is transferred under section 52, the transfer of the authorisation may be subject to conditions.

46 Duration of authorisations granted under section 43

(1) An authorisation granted under section 43:

(a) must specify the day on which it comes into force (which must not be a day before the authorisation is granted); and

(b) remains in force for the period (not exceeding 3 years) specified in the authorisation or, if that period is extended in accordance with section 49, for the period as extended.

(2) The period for which an authorisation remains in force cannot be extended beyond 3 years by a variation under section 49.

Note: An airport environment officer may require the holder of an authorisation to comply with a condition of the authorisation, see section 79.

47 Oral applications for urgently required authorisations

(1) A person may apply orally (in person or by telephone or other means) for an authorisation under this section if:

(a) an airport environment officer is satisfied on reasonable grounds that:

(i) the authorisation is required as a matter of urgency; and

(ii) it is not reasonably practicable for the application to be made in writing in accordance with section 41; and

(b) the airport environment officer is given the information required under subsection 41(2) at the time the oral application is made.

(2) The airport environment officer may:

(a) grant the authorisation; or

(b) grant the authorisation subject to any conditions that the airport environment officer considers appropriate and specifies when granting the authorisation; or

(3) The airport environment officer must notify the applicant of the airport environment officer’s decision at the time the airport environment officer makes the decision.

(4) In deciding whether to grant the authorisation, the airport environment officer must take into account the matters mentioned in paragraphs 43(2)(a), (b), (c), (d), (f), (g), (j) and (l) and subsection 43(4).

(5) The authorisation has effect for a period of 48 hours from the time it is granted, or such lesser period specified by the airport environment officer when granting the authorisation.

(6) The airport environment officer must, within 2 days of making the decision under subsection (2):

(a) make a written record of the details of the oral application (including details of the day and time the oral application was made); and

(b) include in the record:

(i) the day and time the oral application was granted or refused; and

(ii) any conditions to which the authorisation is subject; and

(iii) the reason for granting, or refusing, the application and imposing any conditions; and

(iv) the day and time the authorisation commences (which must not be a day before the authorisation is granted); and

(v) if the authorisation has effect for a period of less than 48 hours—the period for which the authorisation has effect.

Note: A copy of the record under this subsection must be given to the airport‑lessee company for the airport concerned and the granting of the authorisation must be notified on the Department’s website, see section 48.

(7) The applicant must give the airport environment officer written confirmation of the application within 2 days of making the application.

48 Notifying airport‑lessee companies and public of authorisations

(1) If an airport environment officer decides to grant an authorisation under this Division, the airport environment officer must:

(a) either:

(i) for an authorisation granted under section 43—within 2 days of granting the authorisation, give a copy of the authorisation to the airport‑lessee company for the airport concerned; or

(ii) for an authorisation granted under section 47—within 2 days of granting the authorisation, give a copy of the record mentioned in paragraph 47(6)(a) to the airport‑lessee company for the airport concerned; and

(b) notify the decision on the Department’s website as soon as is reasonably practicable.

(2) The validity of an authorisation is not affected by a failure to comply with this section.

49 Authorisations may be varied or revoked

(1) An airport environment officer may vary or revoke an authorisation granted under this Division:

(a) if requested to do so under subsection (2); or

(b) at the discretion of the airport environment officer;

if the airport environment officer is satisfied that in all the circumstances it is necessary or proper to do so.

(2) The holder of an authorisation may, in writing, request an airport environment officer to vary or revoke an authorisation granted to the holder.

(3) The request must set out:

(a) for a variation:

(i) the action or activity, or the class of actions or activities, for which the variation is sought; and

(ii) the reasons why the variation is required; and

(iii) the period for which the variation is required; and

(b) for a revocation—the reasons why the revocation is required.

Note: Under subsection 46(2), the period for which an authorisation remains in force cannot be extended beyond 3 years by a variation under this section.

(4) Subject to subsection (5), a variation or revocation of an authorisation is not effective until the airport environment officer notifies the holder of the authorisation, in writing, that the airport environment officer has varied or revoked the authorisation.

(5) If an airport environment officer reasonably believes that a variation or revocation needs to take effect immediately in order to deal effectively with an emergency, then:

(a) the airport environment officer may notify the holder of the authorisation orally that the airport environment officer has varied or revoked the authorisation; and

(b) for a variation—the variation has effect only until the end of 48 hours after the airport environment officer notifies the holder under paragraph (a), unless the airport environment officer also notifies the holder, in writing, of the variation before the end of the 48 hours; and

(6) In proceedings against a person under this instrument, the fact that an authorisation has been varied or revoked must be disregarded if:

(a) the person is not the holder of the authorisation; and

(b) it is established that the person did not know, and could not reasonably be expected to have known, that the authorisation has been varied or revoked.

(7) Sections 42, 43, 47 and 48 (to the extent that they are capable of applying to a variation of an authorisation) apply for the purposes of this section as if a reference to the grant of an authorisation were a reference to a variation of an authorisation.

50 Holders of certain authorisations must report annually to airport environment officer

(1) This section is made for the purposes of subsection 132(1) of the Act.

(2 The holder of an authorisation, in relation to an airport, that is granted for a period longer than one year must:

(a) give an airport environment officer; and

(b) if the holder is not the airport‑lessee company for the airport—give the airport‑lessee company for the airport;

a report, for each year that the authorisation is in force, setting out:

(c) details of the holder’s performance in giving effect to the holder’s environment management plan mentioned in subsection 41(3); and

(d) details of progress (if any) made, in accordance with the authorisation, in reducing the generation of pollution or noise at the airport in excess of the investigation level for the airport:

(i) set out in the Schedules; or

(ii) set out in a relevant local standard that applies in substitution for the investigation levels in the Schedules; and

(e) any failure by the holder to comply with the terms and conditions (if any) of the authorisation.

(3) The holder of an authorisation must give the report no later than 60 days after the end of each year that the authorisation is in force.

Note: A person that contravenes subsection (2) or (3) of this section commits an offence against subsection 132(2) of the Act.

(4) For the purposes of subsection 132(2) of the Act, the maximum number of penalty units for a contravention of subsection (2) or (3) of this section is declared to be 50.

51 Failure to comply with conditions of authorisation

(1) This section is made for the purposes of subsection 132(1) of the Act.

(2) This section applies if the holder of an authorisation:

(a) contravenes a condition of the authorisation; or

(b) learns of a contravention of a condition of the authorisation.

(3) The holder of the authorisation must report the contravention to an airport environment officer:

(a) within 24 hours of contravening the condition; or

(b) if the holder learns of the contravention after the contravention has occurred—within 24 hours of the holder learning of the contravention.

Note 1: A person that contravenes subsection (3) of this section commits an offence against subsection 132(2) of the Act.

Note 2: Under section 79 of this instrument, an airport environment officer may require the holder of an authorisation to take specified action to comply with a condition of an authorisation.

Note 3: See also Part 15 of the Act, which provides for the grant of injunctions for certain contraventions of the Act.

(4) For the purposes of subsection 132(2) of the Act, the maximum number of penalty units for a contravention of subsection (3) of this section is declared to be 50.

52 Authorisation may be transferred

(1) Subject to subsection (2), the holder of an authorisation may, if ownership of an undertaking to which the authorisation applies is to be transferred to another person, transfer the authorisation to the other person (the transferee) if:

(a) the holder of the authorisation gives written notice of the proposed transfer to an airport environment officer; and

(b) the notice includes a statement:

(i) that the airport‑lessee company for the airport endorses the proposed transfer; or

(ii) if the airport‑lessee company for the airport does not endorse the proposed transfer—setting out the reasons why the airport‑lessee company for the airport does not endorse the proposed transfer; and

(c) the transferee gives the airport environment officer a written undertaking that the transferee will comply with the terms and conditions of the authorisation; and

(d) the airport environment officer gives the holder of the authorisation a notice under subsection (2) permitting the holder:

(i) to transfer the authorisation; or

(ii) to transfer the authorisation subject to conditions.

(2) If an airport environment officer is satisfied that in all the circumstances it is appropriate to do so, the officer may, by written notice given to the holder of the authorisation:

(a) permit the holder to transfer the authorisation; or

(b) permit the holder to transfer the authorisation subject to conditions specified in the notice; or

(3) A notice under subsection (2) may specify a day by which the holder must transfer the authorisation.

(4) If the holder does not transfer the authorisation by the day specified in the notice, the permission to transfer the authorisation is taken to be revoked at the end of that day.

(5) An airport environment officer must, at the same time as the airport environment officer gives a notice to a holder under subsection (2), also give a copy of the notice to the airport‑lessee company for the airport concerned.

(6) If a permission to transfer an authorisation is taken to be revoked under subsection (4), an airport environment officer must, as soon as practicable after the permission is taken to be revoked, notify the airport‑lessee company mentioned in subsection (5) of that fact.

(7) For the purposes of this instrument, a person to whom an authorisation is transferred in accordance with this section becomes the holder of the authorisation.

Part 5—Monitoring, reporting, investigating and remediation

Division 1—Purpose of this Part

53 Purpose of this Part

This Part is made for the purposes of subsection 133(1) of the Act.

Division 2—Monitoring and reporting

54 Airport environment officer may require information or documents from occupiers about pollution

(1) An airport environment officer may, by written notice given to the occupier of an area at an airport, require the occupier to give the airport environment officer information or documents held by or available to the occupier that disclose any or all of the following:

(a) former uses of the area;

(b) the activities conducted by the occupier or a previous occupier in the area;

(d) the manner in which such uses or activities were undertaken;

(e) how waste in the area, or any other material in the area requiring disposal, was disposed of;

(f) if any part of the area is contaminated by pollution—the nature and extent of the contamination;

(g) any known impact of pollution on the airport or on an area outside the airport;

(h) the environmental condition of the airport or an area adjacent to the airport.

(2) The occupier must give the information or documents to the airport environment officer within 60 days after the notice under subsection (1) is given to the occupier, or such longer period as is specified in the notice.

Penalty: 50 penalty units.

(3) The occupier must also give the information or documents to the airport‑lessee company for the airport at the same time as the occupier gives the information or documents to the airport environment officer.

Penalty: 10 penalty units.

(4) An individual is not excused from giving information or a document under subsection (1) on the ground that the information or document given might tend to incriminate the individual or expose the individual to a penalty.

Note: A body corporate is not entitled to claim the privilege against self‑incrimination.

(5) However:

(a) the information or document given; and

(b) giving the information or document; and

(c) any information, document or thing obtained as a direct or indirect consequence of giving the information or document;

are not admissible in evidence against the individual in any proceedings, other than:

(d) proceedings for an offence against subsection (2) or (3) of this section; or

(e) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code (which deal with false or misleading information or documents) that relates to an offence against subsection (2) or (3) of this section.

55 Airport‑lessee company to monitor pollution and noise levels

Airport‑lessee company must monitor pollution and noise

(1) The airport‑lessee company for an airport must monitor, in accordance with subsection (2) and its environment strategy:

(a) the levels of pollution, if any, present in air, water or soil at the airport; and

(b) the level of noise generated at the airport.

(2) The airport‑lessee company must ensure that monitoring under subsection (1) is carried out:

(a) in a way that is consistent with the studies, reviews and monitoring detailed in the environment strategy specified in the master plan for the airport; and

(b) under the direction of a person holding the professional qualifications mentioned in paragraph 17(5)(d) of the Airports Regulations 2024; and

(d) in a way that is not inconsistent with:

(i) any international convention, treaty or agreement, relating to environment protection, to which Australia is a party; or

(ii) a provision of national environment protection measures made under section 14 of the National Environment Protection Council Act 1994.

(3) Paragraph (2)(a) applies in relation to monitoring pollution at Sydney West Airport before the first final master plan comes into force for that airport, as if:

(a) the words “in the environment strategy specified in the master plan for the airport” were omitted from that paragraph; and

(b) the words “an airport plan for the airport” were substituted.

(4) An airport‑lessee company commits an offence of strict liability if the company fails to comply with subsection (1).

Penalty for a contravention of this subsection: 50 penalty units.

56 Airport‑lessee company must keep an environmental site register

(1) The airport‑lessee company for an airport must keep a written record (the environmental site register) that complies with subsection (2) of the environmental condition of the airport.

(2) The environmental site register must include the following matters:

(a) the results of monitoring under this Division;

(b) details of:

(i) any information or documents given to the airport‑lessee company under subsection 54(3); and

(ii) any report given to the airport‑lessee company under paragraph 61(1)(b); and

(iii) any report mentioned in paragraph 64(3)(c) or 65(3)(b) that is provided to the airport‑lessee company; and

(iv) any assessment mentioned in paragraph 64(3)(d) that is provided to the airport‑lessee company;

(c) details of the nature, date and place of any occurrence of environmental significance (detrimental or beneficial) relating to interference with sites of significance to Indigenous people;

(d) details of the airport‑lessee company’s environmental management of the airport.

Note: An airport‑lessee company that receives notice of a discovery in accordance with subsection 24(2), must record the discovery in the airport‑lessee company’s environmental site register, see paragraph 24(4)(a).

(3) The matters mentioned in subsection (2) must be included in the environmental register as soon as is reasonably practicable, and no later than 60 days, after the airport‑lessee company becomes aware of the matter.

(4) An airport‑lessee company commits an offence of strict liability if the company fails to comply with subsection (1).

Penalty for a contravention of this subsection: 50 penalty units.

57 Airport environment officer may require information in environmental site register

(1) An airport environment officer may, by written notice given to the airport‑lessee company for an airport, require the company to give the airport environment officer any information that is:

(a) contained in the environmental site register for the airport; and

(b) specified in the notice.

(2) The notice must include a reasonable time (being a time not less than 7 days after the notice is given) within which the airport‑lessee company must give the information to an airport environment officer.

(3) An airport‑lessee company commits an offence of strict liability if the company fails to comply with a requirement of a notice given to the airport‑lessee company under subsection (1).

Penalty for a contravention of this subsection: 50 penalty units.

58 Airport‑lessee company to provide report to Secretary

(1) For the purposes of this section, reporting period for an airport‑lessee company means:

(a) a financial year; or

(b) if the Secretary determines a different reporting period for the airport‑lessee company—that other period.

(2) An airport‑lessee company for an airport must, for each reporting period for the company, give the Secretary a report containing:

(a) information, mentioned in subsection 56(2), that has been added to the environmental site register kept by the company in relation to the previous reporting period; and

(b) details of the company’s performance, during the reporting period, in achieving the policies and targets of the environment strategy; and

(d) details of any pollution incidents that have occurred during the reporting period; and

(e) details of any known contraventions of this instrument that have occurred during the reporting period.

(3) Paragraph (2)(b) applies in relation to Sydney West Airport and a report for a reporting period, ending before the first final master plan is in force for that airport as if:

(a) the words “achieving the policies and targets of the environment strategy” were omitted from that paragraph; and

(b) the words “complying with the conditions in an airport plan for the airport” were substituted.

(4) The airport‑lessee company must give its report for a reporting period to the Secretary:

(a) not later than 120 days after the end of the reporting period for the company; or

(b) if the Secretary, on the written request of the airport‑lessee company, approves a later day (which must not be more than 180 days after the end of the reporting period)—not later than that later day.

59 Additional reporting requirements for airport‑lessee companies

Airport‑lessee company must report if monitoring discloses pollution at airport

(1) If monitoring at an airport discloses that pollution, or excessive noise, has occurred or is occurring at the airport, the airport‑lessee company for the airport must give an airport environment officer, within 14 days after the disclosure, a written report setting out:

(a) the nature of the pollution or excessive noise; and

(b) the location where the pollution or excessive noise has occurred or is occurring; and

(d) details of any remediation action the airport‑lessee or any other person has taken, or is taking, in relation to the pollution or noise.

Airport‑lessee company must report if monitoring discloses failure to comply with duties under Part 3

(2) If monitoring at an airport discloses that an operator of an undertaking at the airport has failed, or may have failed, to comply with a duty under Part 3, the airport‑lessee company for the airport must give an airport environment officer, within 14 days after the disclosure, a written report setting out:

(a) the nature of the non‑compliance; and

(b) the location of the non‑compliance; and

(c) details of any remediation action the airport‑lessee company or any other person has taken, or is taking or proposing to take, to remedy the non‑compliance.

Strict liability offence

(3) An airport‑lessee company commits an offence of strict liability if the airport‑lessee company fails to comply with subsection (1) or (2).

Penalty for a contravention of this subsection: 50 penalty units.

60 Requirement for operators of undertakings to report serious environmental incidents

(1) This section applies if an operator of an undertaking at an airport becomes aware that the operation of the undertaking has caused, or resulted in, a serious environmental incident at the airport.

(2) For the purposes of this section, a serious environmental incident is an incident:

(a) the environmental effect of which is, or has the potential to be:

(i) of high impact; and

(ii) irreversible; or

(b) that results, or has the potential to result, in substantial harm to public health or to public safety; or

(3) The operator must, in accordance with subsection (4), give a report about the serious environmental incident to an airport environment officer.

(4) The report:

(a) may be given orally or in writing; and

(b) must be given:

(i) within 48 hours of the serious environmental incident occurring; or

(ii) if the operator is not aware of the serious environmental incident when it first occurs—within 48 hours after the operator becomes aware of the occurrence; and

(i) the date, time, location and nature of the serious environmental incident;

(ii) all other material facts and circumstances concerning the serious environmental incident that the operator knows or is able, by reasonable search or enquiry, to discover;

(iii) any response initiated in response to the serious environmental incident;

(iv) the corrective action that has been taken, or is proposed to be taken, to stop, control, mitigate, remedy or rectify the serious environmental incident;

(v) any other environmental management action that has been taken, or is proposed to be taken, in relation to the serious environmental incident.

(5) If the report in given orally, the operator must give a written report to the airport environment officer within 48 hours of giving the oral report.

(6) The operator commits an offence of strict liability if the operator fails to comply with subsection (3) or (5).

Penalty for a contravention of this subsection: 50 penalty units.

61 Occupiers to give assistance and access

Occupier to assist in monitoring pollution and noise

(1) An occupier of an area at an airport must, for the purpose of ensuring effective monitoring by the airport‑lessee company for the airport of any pollution or noise generated by the occupier’s activities in the area, provide reasonable assistance to the airport‑lessee company, including the following assistance:

(a) establishing and maintaining an appropriate system, or systems, to monitor the environmental consequences of the occupier’s activities, and the activities of other persons, in the area occupied;

(b) reporting the results of the monitoring to the airport‑lessee company.

Note: An airport‑lessee company for an airport is required under section 55 to monitor the levels of pollution present in air, water or soil at the airport and the level of noise generated at the airport.

Occupier of area to provide access to airport‑lessee company and airport environment officer

(2) Without limiting the assistance required to be provided to an airport‑lessee company under subsection (1), the occupier must give the airport‑lessee company, at any reasonable time, and after a request in writing from the airport‑lessee company, any access the airport‑lessee company reasonably requires:

(a) to the area, or part of the area, occupied; or

(b) to a document, or part of a document, under the control of the occupier.

Airport environment officer may require occupier to provide assistance or access

(3) An airport environment officer may, by written notice given to the occupier:

(a) after receiving a request in writing from the airport‑lessee company—require the occupier to comply with subsection (1), if the airport environment officer is satisfied that the occupier is not complying with that subsection; or

(b) if the airport environment officer is satisfied that the occupier is not complying with a request under subsection (2)—require the occupier to comply with that subsection.

(4) A person commits an offence if the person is given a notice under subsection (3) and the person:

(a) fails to comply with a requirement of the notice; and

(b) if a period for compliance is specified in the notice—fails to comply before the end of the period.

Penalty: 50 penalty units.

(5) In this section:

occupier, in relation to an area at an airport, means a person that has a right to occupy the area under:

(a) a sublease, or licence, granted by the airport‑lessee company for the airport; or

(b) any lease, or licence, granted under such a sublease or licence.

62 Report of condition of soil and groundwater before expiration, termination, or transfer of sublease or licence

(1) This section applies in relation to an area at an airport that:

(a) has previously, or is likely to have previously, experienced pollution; and

(b) is subject to a sublease, or licence, that is due to expire or is proposed to be terminated or transferred.

(2) The sublessee or licensee must, at least 2 months before the sublease or licence is due to expire or is proposed to be terminated or transferred, give a written report, that complies with subsection (3) or (4), about the condition of soil and groundwater in the area covered by the sublease or licence to:

(a) the airport‑lessee company for the airport and

(b) an airport environment officer.

Penalty: 20 penalty units.

(3) A report complies with this subsection if:

(a) the report is prepared by a person who has qualifications and experience appropriate to determining the nature and extent of pollution in soil and groundwater; and

(b) the report sets out details of how the soil and groundwater in the area was tested or examined to determine the condition of the soil; and

(d) if after consultation with the airport‑lessee company for the airport, the airport environment officer considers that the site, and the use of the site, are high‑risk and notifies the sublessee or licensee in writing accordingly—the report is reviewed by a person (the assessor) who is appointed, registered or otherwise recognised as an environmental auditor under:

(i) a law in the State in which the airport is located; or

(ii) a law of another State providing for environmental auditor accreditation; and

(e) if paragraph (d) applies—both:

(i) the report sets out the assessor’s assessment of the results mentioned in paragraph (c); and

(ii) the person preparing the report, and the assessor, have regard to the National Environment Protection (Assessment of Site Contamination) Measure 1999 when preparing, or assessing, the report.

(4) A report complies with this subsection if an airport environment officer is satisfied that:

(a) a report has previously been prepared about the condition of soil and groundwater in the area covered by the sublease or licence; and

(b) the previous report complies with the requirements of subsection (3).

(5) In this section:

sublease or licence, in relation to an area at an airport, means:

(a) a sublease or licence, granted by the airport‑lessee company for the airport, for the area at the airport; or

(b) any lease or licence granted under such a sublease or licence.

63 Inaccurate or incomplete information to be corrected

(1) This section applies if a person:

(a) gives information to the Secretary, an airport environment officer or an airport‑lessee company, in a report or otherwise, under a provision of this Division and becomes aware that the information is inaccurate or incomplete; or

(b) is the operator of an undertaking and is aware that information given on the operator’s behalf under a provision of this Division is inaccurate or incomplete.

(2) The person must, as soon as practicable after the person becomes aware that the information is inaccurate or incomplete, give the Secretary, the airport environment officer or the airport‑lessee company, as appropriate, further information that is accurate and complete.

Penalty for a contravention of this subsection: 50 penalty units.

Division 3—Investigations

Subdivision A—Investigation if pollution or offensive noise has occurred or is occurring

64 Airport environment officer may require investigation if pollution or offensive noise has occurred or is occurring

(1) This section applies if an airport environment officer reasonably believes that air, water or soil pollution, or offensive noise, has occurred, or is occurring, in an area at an airport.

(2) The airport environment officer may, by notice in writing given to a prescribed person, require the person to conduct an investigation as to:

(a) whether air, water or soil pollution, or offensive noise, has occurred or is occurring in the area; and

(b) the cause, or likely cause, of any such pollution or noise; and

(3) A notice under subsection (2) may require the prescribed person to do any or all of the following:

(a) within the period specified in the notice, appoint a person (who has qualifications and experience appropriate to determining the nature and extent of the pollution or noise) to conduct the investigation;

(b) ensure that the investigation is conducted:

(i) in the manner (including by testing samples of air, water or soil or measuring noise levels) specified in the notice; and

(ii) within the period specified in the notice;

(c) ensure that the person conducting the investigation provides a written investigation report (including a record of the results of any tests or measure mentioned in subparagraph (b)(i)) at the completion of the investigation;

(d) within the period specified in the notice, appoint an assessor:

(i) to review the written investigation report; and

(ii) to provide a written assessment of the written investigation report at the completion of the review;

(e) ensure that before the assessor reviews the written investigation report, the assessor is provided with a detailed outline of the manner required for the investigation under paragraph (b);

(f) if the assessor believes that air, water or soil pollution, or offensive noise has occurred—require the assessor to identify the following in the written assessment:

(i) the polluting substance or offensive noise;

(ii) the cause, or likely cause, of the pollution or offensive noise;

(iii) the source, or likely source, of the pollution or offensive noise;

(g) give a copy of the following to the airport environment officer within the period specified in the notice:

(i) the written investigation report mentioned in paragraph (c);

(ii) the written assessment mentioned in subparagraph (d)(ii).

(4) Subsection (3) does not limit what a notice under subsection (2) may require a prescribed person to do.

(5) A prescribed person to whom a notice is given under subsection (2) commits an offence if the person contravenes a requirement of the notice.

Penalty: 50 penalty units.

(6) In this section:

assessor means:

(a) to the extent that an investigation report relates to soil pollution at an airport—a person who is appointed, registered or otherwise recognised as an environmental auditor under a law of the State in which the airport is located, or under a law of another State, providing for environmental auditor accreditation; or

(b) to the extent that an investigation report relates to air pollution, water pollution or offensive noise (or any combination of air pollution, water pollution and offensive noise) at an airport—a person who is certified, registered or otherwise recognised by a professional body (or under a professional scheme) to undertake environmental assessments, investigations or auditing in the State in which the airport is located, or in another State.

polluter includes a person who causes or generates offensive noise.

prescribed person means:

(a) the polluter; or

(b) if the polluter is unidentifiable, beyond jurisdiction or known to be insolvent—the operator of the undertaking that occupies, or occupied, the site on which the pollution occurred; or

(c) if both the polluter and the operator are unidentifiable, beyond jurisdiction or known to be insolvent—the lessor or licensor for the site on which the pollution is occurring, or occurred; or

(d) if all of the polluter, the operator, and the lessor or licensor are unidentifiable, beyond jurisdiction or known to be insolvent, and the lessor or licensor is not the airport‑lessee company—the airport‑lessee company.

Subdivision B—Assessment regarding proposed change of use of an area at an airport

65 Airport environment officer may require assessment if change of use of an area at an airport is proposed

(1) This section applies if an airport environment officer is satisfied that the use of an area at an airport, as identified under a final master plan for the airport, is proposed to be changed and the airport environment officer reasonably believes that the proposed change of use will, or is likely to, necessitate greater environmental management measures because the proposed change will result in the area being used in a way, or for a purpose, that will, or is reasonably likely to, cause greater harm:

(a) to an aspect of the environment at the airport; or

(b) to the health, safety or, in any respect, the welfare of, human beings.

(2) Subject to subsection (4), the airport environment officer may, by notice in writing given to the person (the relevant person) proposing the change of use, require the relevant person to arrange for an assessment (the pollution assessment) as to:

(a) whether air, water or soil pollution, or offensive noise, will occur, or is likely to occur, as a result of the proposed change of use; and

(b) whether there is a risk of harm to human health or the environment arising from any such pollution or noise.

(3) A notice under subsection (2) may require the relevant person to do any or all of the following:

(a) within the period specified in the notice, appoint a person who has relevant qualifications and experience to assess the matters mentioned in paragraphs (2)(a) and (b) to conduct the pollution assessment;

(b) ensure that the person conducting the pollution assessment provides a written assessment report addressing the matters mentioned in paragraphs (2)(a) and (b) at the completion of the assessment;

(c) if the person conducting the pollution assessment believes that air, water or soil pollution, or offensive noise, will occur, or is likely to occur—require the person to identify the following in the written assessment report:

(i) the polluting substance or offensive noise;

(ii) the cause, or likely cause, of the pollution or offensive noise;

(iii) the source, or likely source, of the pollution or offensive noise;

(d) give a copy of the written assessment report to the airport environment officer within the period specified in the notice.

(4) An airport environment officer may decide not to require a pollution assessment of the kind mentioned in subsection (2) in relation to an area at an airport if the airport environment officer is satisfied that:

(a) a pollution assessment of that kind has previously been conducted in relation to the area; and

(b) the airport environment officer is provided with a copy of the previous written report of that assessment; and

(b) the airport environment officer is satisfied that it is appropriate to rely on that previous report.

(5) Subsection (3) does not limit what a notice under subsection (2) may require relevant person to do.

(6) A person to whom a notice is given under subsection (2) commits an offence if the person contravenes a requirement of the notice.

Penalty for a contravention of this subsection: 50 penalty units.

Subdivision C—Inaccurate or incomplete information to be corrected

66 Inaccurate or incomplete information to be corrected

(1) This section applies if a person gives information to an airport environment officer in a written investigation report, a written assessment or a written assessment report under a provision of this Division and becomes aware that the information is inaccurate or incomplete.

(2) The person must, as soon as practicable after the person becomes aware that the information is inaccurate or incomplete, give the airport environment officer further information that is accurate and complete.

Penalty for a contravention of this subsection: 50 penalty units.

Division 4—Voluntary remediation plans

67 Occupier may voluntarily prepare remediation plan

(1) This section applies if:

(a) an assessor gives an airport environment officer for an airport a written assessment in accordance with section 64 in relation to an area at an airport; and

(b) the written assessment indicates that the assessor believes that air, water or soil pollution, or offensive noise, has occurred in the area.

(2) The occupier of the area may give the airport environment officer for the airport a remediation plan to clean up, remedy or rectify (as appropriate) the air, water or soil pollution, or offensive noise in the area.

(3) The remediation plan must be developed in consultation with an assessor and must set out the objectives of the plan, including a timetable for achieving the objectives of the plan and details of:

(a) if the plan is for cleaning up the air, water or soil pollution—the air, water or soil pollution quality standards that can reasonably be achieved under the plan that will:

(i) end generation (including migration) of pollution from the area occupied (if that is occurring) within the shortest time reasonably practicable; and

(ii) restore all affected potential beneficial uses of any waters (both within the meaning of subsection 16(3)) before the occupier ceases occupation; and

(iii) restore all affected potential beneficial uses (within the meaning of subsection 17(3)) of soil and land before the occupier ceases occupation; and

(iv) restore all beneficial uses (within the meaning of subsection 17(3)) of groundwater (if any) before the occupier ceases occupation; or

(b) otherwise—an appropriate risk management program that will, at least:

(i) end generation (including migration) of pollution from the area occupied (if that is occurring) within the shortest time reasonably practicable; and

(ii) ensure that any ongoing effects of the pollution are minimised.

(4) The airport environment officer must, before the end of 30 days after receiving the remediation plan:

(a) approve or refuse to approve the plan; and

(b) give the occupier written notice of the decision; and

(5) In this section:

assessor means:

68 Reporting of remediation plan

(1) Until the objectives of a remediation plan in relation to an area of an airport have been achieved, the occupier of the area must give the airport environment officer for the airport concerned, and the airport‑lessee company for the airport, a report of progress under the plan:

(a) at 6 monthly intervals; and

(b) if the occupier will cease occupation of the area to which the plan applies—before ceasing occupation.

(2) If, in the opinion of the occupier, the objectives of the remediation plan have been achieved, the occupier must give the airport environment officer for the airport concerned, and the airport‑lessee company for the airport, a report setting out details of how the objectives have been achieved.

(3) A report under subsection (1) or (2) must be accompanied by a copy of the results of any test or other monitoring exercise carried out for the purpose of ascertaining progress under the plan.

69 Airport environment officer must monitor remediation plan

An airport environment officer must monitor the implementation of any remediation plan approved under section 67 in relation to an area of an airport.

Division 5—Remediation work—powers of airport environment officers

70 Definitions

In this Division:

remediation work, in relation to an airport, includes:

(a) any action taken for any of the following purposes:

(i) to identify measures that may be required to monitor, clean up, remedy or rectify any pollution or its effects;

(ii) to identify the effects of measures taken to monitor, clean up, remedy or rectify any pollution or its effects;

(iii) to monitor, clean up, remedy or rectify any pollution or its effects (for example, by fixing or adjusting equipment, or by removing a pollutant);

(iv) in accordance with a notice under section 71—to tell members of the public (whether or not present at the airport concerned) about the existence or effects of such pollution and about measures taken, or being taken, to monitor, clean up, remedy or rectify such pollution; and

(b) anything reasonably incidental to any of those actions, such as taking measurements and samples, making recordings or analyses and preparing reports, plans or drawings.

71 Power to require remediation work

(1) This section applies if an airport environment officer reasonably believes that someone has caused, or is causing, pollution in an area at an airport.

(2) The airport environment officer may, by notice in writing given to one or more of whichever of the following persons the airport environment officer reasonably believes is the most appropriate person in the circumstances, require the person to carry out remediation work specified in the notice in respect of the pollution in the area:

(a) the polluter;

(b) if the polluter is unidentifiable, beyond jurisdiction or known to be insolvent—the operator of the undertaking that occupies, or occupied, the site on which the pollution occurred;

(c) if both the polluter and the operator are unidentifiable, beyond jurisdiction or known to be insolvent—the lessor or licensor for the site on which the pollution is occurring, or occurred;

Example: It may not be reasonably practicable or effective to give a notice to person if it was not possible to identify the person or if the person was insolvent or outside Australia.

(3) However, if the occupier of the area that is the source or likely source of the pollution has submitted a remediation plan for the pollution that has been approved under section 67, and is carrying out the plan according to its terms, the airport environment officer must not give a notice under subsection (2) to the occupier requiring the occupier to carry out remediation work.

(4) A notice under subsection (2) may specify a period within which the remediation work must be undertaken and completed.

(5) An airport environment officer may give a person a notice under subsection (2) even though:

(a) a prosecution or other proceeding in relation to the pollution has been commenced; or

(b) the undertaking that caused the pollution is not operating at the time the notice is issued; or

(c) the undertaking that caused the pollution is not causing further pollution of the kind to which the notice relates at the time it is issued; or

(d) the pollution occurred, or is occurring, because of something done before this instrument commenced.

(6) A person commits an offence of strict liability if the person is given a notice under subsection (2) and fails to comply with a requirement of the notice.

Penalty: 50 penalty units.

(7) In this section:

polluter includes a person who causes or generates offensive noise.

pollution includes offensive noise.

72 Power to enter and carry out remediation work

(1) An airport environment officer may, at any reasonable time, enter an area at an airport and carry out necessary remediation work, if:

(a) a person has been given a notice under subsection 71(2) requiring remediation work to be carried out in the area and the work has not been carried out to the reasonable satisfaction of the airport environment officer:

(i) within the period specified in the notice; or

(ii) if no period is specified—within a reasonable period; or

(b) the airport environment officer believes, on reasonable grounds, that it is necessary to enter the area and carry out the remediation work:

(i) because of circumstances of urgency; or

(ii) in the interests of public health or safety.

Note: Under section 135 of the Act, the Commonwealth may recover reasonable expenses incurred in relation to cleaning up, remedying or rectifying acts or omissions constituting contraventions of regulations made for the purposes of section 132 or 133 of the Act.

(2) If subsection (1) applies, an airport environment officer may engage a person to carry out the necessary environmental remediation work in the area at the airport on behalf of the airport environment officer and, for that purpose, the person so engaged may, at any reasonable time, enter the area and carry out necessary remediation work.

(3) An airport environment officer must not engage a person under subsection (2) unless the airport environment officer is satisfied that the person has appropriate training, qualifications, skills or experience to carry out the necessary environmental remediation work.

(4) To avoid doubt, subsection (1) applies even if:

(a) the pollution occurred before 1 April 2027; or

(b) the pollution occurred, or is occurring, because of something done before 1 April 2027.

(5) Remediation work that may be carried out under this section is not limited to remediation work specified in the notice mentioned in paragraph (1)(a).

Part 6—Enforcement

73 Purpose

This Part is made for the purposes of paragraph 252(b) of the Act, unless a provision in this Part is expressed to be made for the purposes of subsection 132(1) of the Act.

74 Notice to prevent or minimise pollution

(1) Subject to subsection (2) and section 77, an airport environment officer may, by notice in writing given to the operator of an undertaking at an airport, require the operator to comply with subsection 20(1) by taking action specified in the direction to prevent, or minimise, the generation of pollution by the undertaking at the airport.

(2) An airport environment officer must not give a notice under subsection (1) unless the airport environment officer:

(a) is satisfied on reasonable grounds that the operator of the undertaking is not taking all measures that are reasonable and practicable to prevent, or minimise, the generation of pollution; and

(b) subject to subsections (3) and (4), both:

(i) gives the operator at least 48 hours in which to make a submission to the airport environment officer about the proposed notice; and

(ii) takes account of any submission made by the operator.

(3) Paragraph (2)(b) does not apply if the airport environment officer:

(a) is satisfied on reasonable grounds that:

(i) the effect of the pollution is, or has the potential to be, of high impact and irreversible; or

(ii) the pollution is causing, or has the potential to cause, substantial harm to public health or to public safety; or

(iii) the pollution is causing, or has the potential to cause, substantial damage to property; and

(b) declares the notice under subsection (1) to be an emergency notice.

(4) Paragraph (2)(b) also does not apply if the airport environment officer:

(a) is given a report under subsection 60(3) about a serious environmental incident at an airport; and

(b) is satisfied on reasonable grounds that it is necessary to give a notice under this section to deal with the serious environmental incident at the airport; and

75 Notice to preserve certain biota, habitats, sites and species, etc.

(1) Subject to subsection (2) and section 77, an airport environment officer may, by notice in writing given to the operator of an undertaking at an airport, require the operator to comply with subsection 23(1) by taking action specified in the notice to avoid, or minimise, a particular adverse consequence.

(2) An airport environment officer must not give a notice under this section unless the airport environment officer:

(a) is satisfied on reasonable grounds that the operator of the undertaking is not taking all measures that are reasonable and practicable to ensure that the undertaking avoids, or minimises, the adverse consequence; and

(b) subject to subsection (3), both:

(i) gives the operator at least 48 hours in which to make a submission to the airport environment officer about the proposed notice; and

(ii) takes account of any submission made by the operator.

(3) Paragraph (2)(b) does not apply if the airport environment officer:

(a) is satisfied on reasonable grounds that the adverse consequence is, or has the potential to be, high impact and irreversible; and

(b) declares the notice under subsection (1) to be an emergency notice.

(4) Paragraph (2)(b) also does not apply if the airport environment officer:

(a) is given a report under subsection 60(3) about a serious environmental incident at an airport; and

(b) is satisfied on reasonable grounds that it is necessary to give a notice under this section to deal with the serious environmental incident; and

76 Notice to prevent or minimise offensive noise

(1) Subject to subsection (2) and section 77, an airport environment officer may, by notice in writing given to the operator of an undertaking at an airport, require the operator to comply with subsection 25(1) by taking action specified in the notice to prevent or minimise the generation of offensive noise.

(2) An airport environment officer must not give a notice under this section unless the airport environment officer:

(a) is satisfied on reasonable grounds that the operator of the undertaking is not taking all measures that are reasonable and practicable to prevent or minimise the generation of offensive noise; and

(b) subject to subsection (3), both:

(i) gives the operator at least 48 hours in which to make a submission to the airport environment officer about the proposed notice; and

(ii) takes account of any submission made by the operator.

(3) Paragraph (2)(b) does not apply if the airport environment officer:

(a) is satisfied on reasonable grounds that the offensive noise is having, or has the potential to have, a high impact on a commercial receptor or a sensitive receptor; and

(b) declares the notice under subsection (1) to be an emergency notice.

77 Notices must not conflict with authorisation

An airport environment officer must not give a notice under section 71, 74, 75 or 76 to an operator of an undertaking if:

(a) the notice relates to an act or activity for which an authorisation under Part 4 has been granted to the operator; and

(b) compliance with the notice would be inconsistent with the authorisation.

78 Compliance with notices

(1) This section is made for the purposes of subsection 132(1) of the Act.

(2) An operator of an undertaking contravenes this subsection if the operator is given a notice under section 74, 75 or 76 and the operator:

(a) fails to comply with a requirement of the notice; or

(b) if a period for compliance is specified in the notice—fails to comply before the end of the period.

Note: A person that contravenes subsection (2) of this section commits an offence against subsection 132(2) of the Act.

(3) For the purposes of subsection 132(2) of the Act, the maximum number of penalty units for a contravention of subsection (1) is declared to be 250.

Note: See also Part 15 of the Act, which provides for the grant of injunctions for certain contraventions of the Act.

79 Compliance with conditions of authorisations

(1) This section is made for the purposes of subsection 132(1) of the Act.

Notice to comply with conditions of authorisations

(2) If an airport environment officer reasonably believes that the holder of an authorisation under Part 4 is not complying with a condition of the authorisation, the airport environment officer may, by notice in writing given to the holder of the authorisation, require the holder:

(a) to comply with the condition; or

(b) if the airport environment officer thinks it necessary—to comply with the condition by taking action specified in the notice to minimise the generation of pollution, or offensive noise, as the case may be.

(3) The holder of an authorisation contravenes this subsection if the holder is given a notice under subsection (2) and the holder:

(a) fails to comply with a requirement of the notice; or

(b) if a period for compliance is specified in the notice—fails to comply before the end of the period.

Note: A person that contravenes subsection (3) of this section commits an offence against subsection 132(2) of the Act.

(4) For the purposes of subsection 132(2) of the Act, the maximum number of penalty units for a contravention of subsection (3) is declared to be 250.

Note: See also Part 15 of the Act, which provides for the grant of injunctions for certain contraventions of the Act.

Authorisations cease to have effect if notice requirements not complied with

(5) An airport environment officer may give the holder of an authorisation written notice under this subsection as soon as practicable after the airport environment officer is satisfied that:

(a) the holder has failed to comply with a requirement of a notice given to the holder under subsection (2); and

(b) if the notice allows a period within which compliance must occur—the period has expired.

(6) If the holder of an authorisation is given a written notice under subsection (5), the authorisation granted to the holder under Part 4 ceases to have effect from the time the notice under subsection (5) is given to the holder.

Part 7—Infringement notices

80 Purpose of this Part

This Part is made for the purposes of section 138 of the Act and makes provision enabling a person who is alleged to have committed specified offences to pay a penalty to the Commonwealth as an alternative to prosecution.

81 When an infringement notice may be given

(1) If an airport environment officer believes on reasonable grounds that a person has committed an offence against:

(a) Part 6 of the Act; or

(b) a provision of this instrument that is:

(i) made for the purposes of section 133 of the Act; and

(ii) specified in section 82 of this instrument;

the airport environment officer may give to the person an infringement notice for the alleged contravention.

(2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.

(3) A single infringement notice must relate only to a single contravention of a single provision unless subsection (4) applies.

(4) An airport environment officer may give a person a single infringement notice relating to multiple contraventions of a single provision if:

(a) the provision requires the person to do a thing within a particular period or before a particular time; and

(b) the person fails or refuses to do that thing within that period or before that time; and

(d) each contravention is constituted by the failure or refusal on one of those days.

Note: For continuing offences, see subsection 4K(2) of the Crimes Act 1914.

82 Specified infringement notice offences

For the purposes of subparagraph 81(1)(b)(ii), the following provisions are specified:

(a) subsection 54(2);

(b) subsection 54(3);

(d) subsection 56(4);

(e) subsection 57(3);

(f) subsection 59(3);

(g) subsection 60(6);

(h) subsection 61(4);

(i) subsection 62(2);

(j) subsection 63(2);

(k) subsection 64(5);

(l) subsection 65(6);

(m) subsection 66(2);

(n) subsection 71(6).

83 Matters to be included in an infringement notice

(1) An infringement notice must:

(a) be identified by a unique number; and

(b) state the day on which it is given; and

(d) state the name and contact details of the airport environment officer who gave the notice; and

(e) give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:

(i) the provision that was allegedly contravened; and

(ii) the maximum penalty that a court could impose for each contravention, if the provision were contravened; and

(iii) the time (if known) and day of, and the place of, each alleged contravention; and

(f) state the amount that is payable under the notice; and

(g) give an explanation of how payment of the amount is to be made; and

(h) state that, if the person to whom the notice is given pays the amount within the period of 28 days after the day the notice is given, then (unless the notice is withdrawn) the person will not be liable to be prosecuted in a court for the alleged contravention; and

(i) state that payment of the amount is not an admission of guilt or liability; and

(j) state that the person may apply to the Secretary to have the period in which to pay the amount extended; and

(k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and

(l) set out how the notice can be withdrawn; and

(m) state that if the notice is withdrawn, the person may be prosecuted in a court for the alleged contravention; and

(n) state that the person may make written representations to the Secretary seeking the withdrawal of the notice.

(2) If the notice relates to only one alleged contravention of the provision by the person, the amount to be stated in the notice for the purposes of paragraph (1)(f) must be one‑fifth of the maximum penalty that a court could impose on the person for that contravention.

(3) If the notice relates to more than one alleged contravention of the provision by the person, the amount to be stated in the notice for the purposes of paragraph (1)(f) must be one‑fifth of the amount worked out by adding together the maximum penalty that a court could impose on the person for each alleged contravention.

84 Extension of time to pay amount

(1) A person to whom an infringement notice has been given may apply to the Secretary for an extension of the period referred to in paragraph 83(1)(h).

(2) If the application is made before the end of that period, the Secretary may, in writing, extend that period. The Secretary may do so before or after the end of that period.

(3) If the Secretary extends that period, a reference in this Part to the period referred to in paragraph 83(1)(h) is taken to be a reference to that period so extended.

(4) If the Secretary does not extend that period, a reference in this Part to the period referred to in paragraph 83(1)(h) is taken to be a reference to the period that ends on the later of the following days:

(a) the day that is the last day of the period referred to in paragraph 83(1)(h);

(b) the day that is 7 days after the day the person was given notice of the Secretary’s decision not to extend.

(5) The Secretary may extend the period more than once under subsection (2).

85 Withdrawal of an infringement notice

Representations seeking withdrawal of notice

(1) A person to whom an infringement notice has been given may make written representations to the Secretary seeking the withdrawal of the notice.

Withdrawal of notice

(2) The Secretary may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).

(3) When deciding whether or not to withdraw an infringement notice (the relevant infringement notice), the Secretary:

(a) must take into account any written representations seeking the withdrawal that were given by the person to the Secretary; and

(b) may take into account the following:

(i) whether a court has previously imposed a penalty on the person for a contravention of a provision subject to an infringement notice under this Part;

(ii) the circumstances of the alleged contravention;

(iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision subject to an infringement notice under this Part if the contravention is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;

(iv) any other matter the Secretary considers relevant.

Notice of decision

(4) The Secretary must give the person notice, in writing, of a decision under subsection (2).

(5) If the decision is to withdraw the infringement notice, the notice of the decision must state the following:

(a) the person’s name and address;

(b) the day the infringement notice was given;

(d) that the infringement notice is withdrawn;

(e) that the person may be prosecuted in a court for the alleged contravention.

(6) If the decision is to refuse to withdraw the infringement notice, the notice of the decision must:

(a) state the following:

(i) the information mentioned in paragraphs (5)(a) to (c);

(ii) that, if the amount of the infringement notice penalty is paid within the period referred to in paragraph 83(1)(h), the person will not be prosecuted for the alleged offence;

(iii) that, if that amount is not so paid, the person may be prosecuted for the alleged offence; and

(b) be accompanied by the reasons for the decision.

Refund of amount if infringement notice withdrawn

(7) If:

(a) the Secretary withdraws the infringement notice; and

(b) the person has already paid the amount stated in the notice;

the Commonwealth must refund to the person an amount equal to the amount paid.

Representations not admissible

(8) Evidence or information that the person gives to the Secretary in the course of making representations under subsection (1) is not admissible in evidence against the person in any proceedings (other than proceedings for an offence based on the evidence or information given being false or misleading).

86 Effect of payment of amount

(1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in paragraph 83(1)(h):

(a) any liability of the person for the alleged contravention is discharged; and

(b) the person will not be liable to be prosecuted in a court for the alleged contravention; and

(d) the person is not regarded as having been convicted of the offence.

(2) Subsection (1) does not apply if the notice has been withdrawn.

87 Effect of this Part

This Part does not:

(a) require an infringement notice to be given to a person for an alleged contravention of a provision subject to an infringement notice under this Part; or

(b) affect the liability of a person for an alleged contravention of a provision subject to an infringement notice under this Part if:

(i) the person does not comply with an infringement notice given to the person for the contravention; or

(ii) an infringement notice is not given to the person for the contravention; or

(iii) an infringement notice is given to the person for the contravention and is subsequently withdrawn; or

(c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of a provision subject to an infringement notice under this Part; or

(d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened a provision subject to an infringement notice under this Part.

Part 8—Reconsideration and review of certain decisions

Division 1—Definitions

88 Definition of reviewable decision

In this instrument:

reviewable decision means a decision referred to in column 3 of an item of the following table made under the provision referred to column 1 of the item by the person referred to in column 2 of the item:

Reviewable decisions
Item	Column 1 Provision	Column 2 Decision‑maker	Column 3 Decision
1	Subsection 43(1)	An airport environment officer	To grant, grant conditionally, or refuse to grant, an authorisation
2	Subsection 47(2)	An airport environment officer	To grant, grant conditionally, or refuse to grant, an authorisation
3	Subsection 49(1)	An airport environment officer	To vary or revoke, or refuse to vary or revoke, an authorisation
4	Subsection 52(2)	An airport environment officer	To permit, permit conditionally, or refuse to permit, the transfer of an authorisation
5	Subsection 71(2)	An airport environment officer	To require a person to carry out remediation work
6	Subsection 74(1)	An airport environment officer	To require an operator of an undertaking to take specified action to comply with subsection 20(1)
7	Subsection 75(1)	An airport environment officer	To require an operator of an undertaking to take specified action to comply with subsection 23(1)
8	Subsection 76(1)	An airport environment officer	To require an operator of an undertaking to take specified action to comply with subsection 25(1)
9	Subsection 79(2)	An airport environment officer	To require the holder of an authorisation to comply with a condition of the authorisation or to take specified action to comply with the condition

Division 2—Reconsideration of certain decisions

89 Internal review of decisions

Application for review

(1) A person whose interests are affected by a reviewable decision may request a reconsideration of the decision.

(2) The request must:

(a) be in writing; and

(b) set out the reasons for the request; and

(c) be given to the Secretary within 28 days after the day the person first received the notice of the reviewable decision.

Review of decision

(3) The Secretary must, as soon as practicable after receiving the request, arrange for a person (the internal reviewer) to review the reviewable decision.

(4) The internal reviewer must be:

(a) for a decision of the Secretary:

(i) if the Secretary made the reviewable decision personally—a delegate of the Secretary who was not involved in making the reviewable decision and who is an SES employee or acting SES employee in the Department; or

(ii) in any other case—the Secretary personally, or a delegate of the Secretary who was not involved in making the reviewable decision and who is an SES employee or acting SES employee in the Department; and

(b) for a decision of an airport environment officer—an SES employee or acting SES employee in the Department who was not involved in making the reviewable decision.

Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

(5) The internal reviewer may:

(a) affirm, vary or set aside the reviewable decision; and

(b) if the reviewer sets aside the reviewable decision—make such other decision as the internal reviewer thinks appropriate.

(6) The internal reviewer must make a decision (the internal review decision) under subsection (5) within 120 days after the request for the internal review is received.

(7) The internal review decision takes effect:

(a) on the day specified in the internal review decision; or

(b) if a day is not specified—on the day the internal review decision is made.

90 Notice of internal review decision

(1) An internal reviewer must, as soon as practicable after making an internal review decision, give a person whose interests are affected by the decision written notice of the following:

(a) the internal review decision;

(b) the person’s right of review under section 91.

(2) A failure to comply with subsection (1) does not affect the validity of the internal review decision.

Division 3—Review by the Administrative Review Tribunal

91 Review of internal review decisions by Administrative Review Tribunal

An application may be made to the Administrative Review Tribunal for review of an internal review decision.

Part 9—Miscellaneous

92 Application of Part

This Part is made for the purposes of the following provisions of the Act:

(a) subsection 133(1);

(b) subsection 138(1);

93 Airport environment officers

(1) The Secretary may, by instrument in writing, appoint a person as an airport environment officer for the purposes of this instrument.

(2) The Secretary must not appoint a person as an airport environment officer unless:

(a) the Secretary is satisfied that the person has qualifications and experience suitable to enable the person to properly discharge the functions, powers, duties and responsibilities of an airport environment officer; and

(b) the person does not hold a stake (within the meaning given by clause 11 of the Schedule to the Act) of more than 5% in an airport‑lessee company; and

(c) if the person to be appointed is a body corporate—an airport‑lessee company does not hold a stake (within the meaning given by clause 11 of the Schedule to the Act) of more than 5% in the body corporate.

(3) As soon as practicable after a person is appointed, the Department must:

(a) give written notice of the appointment to the airport‑lessee company for the airport concerned; and

(b) publish notice of the appointment on the Department’s website.

(4) A notice under subsection (3) must include the business address of the airport environment officer.

94 Airport environment officer to keep records etc.

(1) An airport environment officer must keep a written record of:

(a) actions taken by the airport environment officer under this instrument; and

(b) any information or reports received by the airport environment officer in relation to this instrument.

(2) If a person ceases to be an airport environment officer, the person must transfer the record:

(a) to the Secretary; or

(b) if, before the person ceases to be an airport environment officer, the Secretary notifies the airport environment officer of the name and address of an airport environment officer to whom the record must be transferred—to that airport environment officer.

(3) The record must be transferred at the time, or as soon as practicable after, the person ceases to be an airport environment officer.

(4) Subject to subsection (5), the Secretary, or an authorised person, may, during normal office hours:

(a) inspect the record at the office of the airport environment officer; and

(b) copy any part of the record.

(5) The Secretary, or authorised person, must give the airport environment officer at least 28 days written notice before inspecting or copying a record under subsection (4).

(6) In this section:

authorised person means a person authorised under subsection (7).

(7) For the purposes of the definition of authorised person in subsection (6), the Secretary may, in writing, authorise an APS employee in the Department who holds or performs the duties of:

(a) an Executive Level 1 position; or

(b) an equivalent or higher position;

to be an authorised person for the purposes of this section.

95 Airport environment officers to provide documents etc.

(1) The Secretary, or an authorised person, may, by written notice given to an airport environment officer, require the airport environment officer to give the Secretary, or authorised person, any of the following within the period specified in the notice:

(a) a copy of any application made to the airport environment officer under, or for the purposes of, this instrument;

(b) a copy of any document, or a thing, given to the airport environment officer under, or for the purposes of, this instrument;

(d) a copy of any document made, for the purposes of this instrument, by a person other than the airport environment officer and in the possession of the airport environment officer.

(2) The period specified in the notice must be at least 28 days after the notice is given to the airport environment officer.

(3) To avoid doubt, the documents to which paragraph (1)(d) applies include documents made by an authority of a State.

(4) In this section:

authorised person means a person authorised under subsection (5).

(5) For the purposes of the definition of authorised person in subsection (4), the Secretary may, in writing, authorise an APS employee in the Department who holds or performs the duties of:

(a) an Executive Level 1 position; or

(b) an equivalent or higher position;

to be an authorised person for the purposes of this section.

96 Disclosure of information

An airport environment officer must not disclose information or documents given to, or obtained by, the airport environment officer in the exercise of a power, or performance of a function, under this instrument, to any person unless required or authorised to do so by law, a written direction of the Secretary or an order of a court.

Note: Section 122.4 of the Criminal Code creates an offence in relation to the disclosure of information by Commonwealth officers.

97 Delegation by the Secretary

(1) The Secretary may, in writing, delegate all or any of the Secretary’s powers or functions under this instrument to an SES employee, or an acting SES employee, in the Department.

Note 1: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Note 2: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

(2) In exercising powers or performing functions under a delegation, the delegate must comply with any written directions of the Secretary.

Part 10—Application, saving and transitional provisions

98 Definitions

In this Part:

old regulations means the Airports (Environment Protection) Regulations 1997 as in force immediately before 1 April 2026.

transition period means the period commencing on 1 April 2026 and ending immediately before 1 April 2027.

99 Application of this instrument

(1) This instrument (except this Part) applies after the end of the transition period.

(2) This Part applies on and after 1 April 2026.

100 Continued application of old regulations during transition period

Despite the repeal of the old regulations by Schedule 1 to the Airports (Environment Protection) (Repeal and Consequential Amendments) Regulations 2026, the old regulations continue to apply for all purposes during the transition period as if the repeal had not happened.

101 Instruments made and other things done under the old regulations

(1) If:

(a) an instrument (the subordinate instrument) was made for a particular purpose under a provision of the old regulations; and

(b) the subordinate instrument was in effect or in force immediately before 1 April 2027; and

then, despite the repeal of the old regulations by Schedule 1 to the Airports (Environment Protection) (Repeal and Consequential Amendments) Regulations 2026, the subordinate instrument continues in effect or in force, on and after 1 April 2027, as if it were made for that purpose under that provision of this instrument.

Example: A delegation under regulation 10.07 of the old regulations that was in force immediately before 1 April 2027 (because of the operation of section 100 of this instrument) continues in force on and after 1 April 2027 as if it were a delegation made under section 97 of this instrument.

(2) If:

(a) any other thing was done for a particular purpose under the old regulations; and

(b) the thing could be done for that purpose under this instrument;

the thing has effect for the purposes of this instrument as if it had been done for that purpose under this instrument.

(3) Without limiting subsection (2), a reference in that subsection to a thing being done includes a reference to a notice being given and an investigation being undertaken.

102 Remedial work orders

An environmental remedial order:

(a) made under regulation 6.18 of the old regulations; and

(b) in force immediately before 1 April 2027;

has effect, on and after 1 April 2027, as if it were a notice given under section 71 of this instrument.

103 Environment protection orders

An environment protection order:

(a) made under regulation 7.01 of the old regulations; and

(b) in force immediately before 1 April 2027;

has effect, on and after 1 April 2027, as if it were a notice given under section 74 of this instrument.

104 Certain applications under the old regulations

(1) This section applies in relation to a prescribed application made under the old regulations if:

(a) the prescribed application was made before 1 April 2027; and

(b) immediately before 1 April 2027, the prescribed application has not been finally dealt with in accordance with the old regulations.

(2) Despite the repeal of the old regulations by Schedule 1 to the Airports (Environment Protection) (Repeal and Consequential Amendments) Regulations 2026, the old regulations continue to apply to the prescribed application on and after 1 April 2027 as if the repeal had not been made.

(3) In this section:

prescribed application means any of the following :

(a) a request under regulation 5.03 of the old regulations for a local standard;

(b) an application under regulation 5.07 of the old regulations for an authorisation;

(d) a request under subregulation 5.16(2) of the old regulations to vary an authorisation;

(e) an assignment of an interest in an authorisation under regulation 5.19 of the old regulations;

(f) a request for access under subregulation 6.05(2) of the old regulations;

(g) a request for a direction under subregulation 6.05(3) of the old regulations;

(h) a plan submitted for approval under subregulation 6.14(1) of the old regulations.

105 Infringement notices

Despite the repeal of the old regulations by Schedule 1 to the Airports (Environment Protection) (Repeal and Consequential Amendments) Regulations 2026, Part 8 of the old regulations continues to apply, on and after 1 April 2027, in relation to infringement notices issued before 1 April 2027 as if the repeal had not happened.

106 Conduct, event or circumstance occurring before 1 April 2027

(1) To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred or a circumstance that arose, before 1 April 2027.

(2) This section does not limit any other provision of this Part or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).

107 Review of decisions

(1) Part 8 of this instrument applies in relation to an application for review if the application is made on or after 1 April 2027.

(2) Despite the repeal of the old regulations by Schedule 1 to the Airports (Environment Protection) (Repeal and Consequential Amendments) Regulations 2026, Part 9 of the old regulations continues to apply, on and after 1 April 2027, in relation to an application for review made before 1 April 2027, as if the repeal had not happened.

108 Annual report

Despite the repeal of the old regulations by Schedule 1 to the Airports (Environment Protection) (Repeal and Consequential Amendments) Regulations 2026, regulation 6.03 of the old regulations continues to apply, on and after 1 April 2027, in relation to a report for a financial year or other period that starts before 1 April 2027, as if the repeal had not happened.

Schedule 1—Air pollution—investigation levels

Note: See subsection 15(3) and paragraphs 21(1)(a) and 43(2)(c).

Part 1—Air pollutants emitted from a stationary source

1.01 Definitions

(1) In table 1:

Bacharach, followed by a number, means the unit of measurement represented by that number under the system of measurement provided by Bacharach equipment.

gaseous emission means an emission of a gas or vapour, whether or not it carries suspended liquid or solid matter.

ICP standard method means the method of estimation of metal particles in air, known as the inductive coupled plasma method and set out in Australian Standard AS 2800.

Ringelmann, followed by a number, means the unit of measurement represented by that number under the system of measurement provided by Ringelmann equipment.

volatile organic liquid means:

(a) crude oil; or

(b) crude petroleum; or

(d) a liquid consisting of more than 50% by volume of heptene, toluene, trichlorethylene, xylene, or any mixture of those substances;

but does not include kerosene, jet fuel, or tractor vaporising oil.

Meaning of 12% CO2 reference level

(2) If the expression 12% CO2 reference level appears in column 4 of an item in table 1, the level in exhaust or combustion gas of the pollutant referred to in the item is taken to be the level that would be in the gas if the gas contained 12% CO2 by volume.

Meaning of concentration of NO2

(3) In table 1, mention of a concentration of NO2 at a particular oxygen reference concentration is a mention of the measured concentration of NO2 adjusted in accordance with the following formula:

where:

measured NO2 concentration means the measured concentration of oxides of nitrogen, expressed as NO2.

MOC means the measured oxygen concentration.

ROC means the particular oxygen reference concentration.

Investigation levels—measurement assumptions

(4) The expression, in column 3 of an item in table 1, of a volume of gas or vapour assumes the gas or vapour to be measured dry, at a temperature of 0° C. and at an absolute pressure of one atmosphere (101.325 kPa).

Measurement of rate of emission

(5) For the purposes of table 1, the rate of emission of a substance is assumed to be ascertained:

(a) unless the contrary intention appears, by measurement of samples:

(i) at, or taken from, the point of emission into the air; and

(ii) that are undiluted; and

(b) in accordance with the method of measurement, analysis or monitoring mentioned for the substance in column 4.

1.02 Table 1—investigation levels for contamination of air

Column 3 of an item in table 1 sets out, for the purposes of subparagraph (a)(i) of the definition of pollutant in subsection 15(3), the investigation level for contamination of air by a substance mentioned in column 1 of the item that is derived from a type of source mentioned in column 2 of the item and measured in accordance with the reference level or method of measurement, analysis or monitoring specified in column 4 of the item.

Table 1

Item no.	Column 1 Substance	Column 2 Type of source	Column 3 Investigation level for substance	Column 4 Reference level, or method of measurement, analysis or monitoring
1	Dark smoke	Any stationary activity involving the burning of fuel	Ringelmann 1	British Standard BS 2742C
2	Solid particles, not otherwise specified	(a) Boiler (other than a power station boiler burning solid fuel)	0.25 g/m3	12% CO2 reference level
		(b) Incinerator, or group of incinerators, capable of consuming less than 300 kg/hr of combustible material	0.5 g/m3	12% CO2 reference level
		(c) Incinerator, or group of incinerators, capable of consuming 300 kg/hr or more of combustible material	0.25 g/m3	12% CO2 reference level
		(d) Any other source	0.25 g/m3	Isokinetic sampling method specified in British Standard BS 893 or Australian Standard AS 4323.2‑1995
3	Soot	Oil‑fired or gas‑fired plant (including boilers): (a) during lighting‑up, unless lighting‑up emissions during a 24‑hour period continue, in total, for longer than 20 minutes	Bacharach 5	Bacharach equipment
		(b) during soot‑blowing, unless soot‑blowing emissions during an 8‑hour period continue, in total, for longer than 5 minutes	Bacharach 10
		(c) otherwise	Bacharach 3
4	Sulphuric acid mist and sulphur trioxide	(a) Any source (except a sulphuric acid plant or fuel‑burning equipment)	0.1 g/m3 expressed as SO3	USEPA Method 8; or Method prescribed in the Manual of Air Quality Testing, published by the NSW Environment Protection Authority, as in force on 1 August 1997, for determination of sulphuric acid and sulphur trioxide with analysis by NATA‑accredited laboratory
		(b) Fuel‑burning equipment	0.2 g/m3 expressed as SO3	as in item 4(a)
		(c) Sulphuric acid plant	0.07 kg/tonne expressed as 100% H2SO4	USEPA Method 8
5	Acids and acid gases not elsewhere specified	Any process (including aircraft maintenance) except manufacture of glazed terracotta roof tiles	0.4 g/m3 expressed as HCl	Australian Standard AS 3580.3.1
6	Oxides of nitrogen	(a) Steam boiler, burning liquid or solid fuel, for electricity generation (if producing a rated output of 30 MW or less), or for general industry	0.5 g/m3, calculated as NO2 at a 7% oxygen reference concentration	Australian Standard AS 3580.5.1
		(b) Steam boiler, burning liquid or solid fuel, for electricity generation (if producing a rated output of more than 30 MW)	0.8 g/m3, calculated as NO2 at a 7% oxygen reference concentration	Australian Standard AS 3580.5.1
		(c) Steam boiler, burning gaseous fuel	0.35 g/m3, calculated as NO2 at a 7% oxygen reference concentration	Australian Standard AS 3580.5.1
		(d) Gas turbine, burning gaseous fuel, producing a rated electrical output of 10 MW or less	0.09 g/m3, calculated as NO2 at a 15% oxygen reference concentration	Australian Standard AS 3580.5.1
		(e) Gas turbine, burning gaseous fuel, producing a rated electrical output of more than 10 MW	0.07 g/m3, calculated as NO2 at a 15% oxygen reference concentration	Australian Standard AS 3580.5.1
		(f) Gas turbine, using fuel other than gaseous fuel, producing a rated electrical output of 10 MW or less	0.09 g/m3, calculated as NO2 at a 15% oxygen reference concentration	Australian Standard AS 3580.5.1
		(g) Gas turbine, using fuel other than gaseous fuel, producing a rated electrical output of more than 10 MW	0.15 g/m3, calculated as NO2 at a 15% oxygen reference concentration	Australian Standard AS 3580.5.1
7	Vapour of a volatile organic liquid—in storage in large stationary tanks	(a) Incineration of emitted vapour	1.5 g/m3 of unburnt vapour	12% CO2 reference level
		(b) Recovery of emitted vapour	110 mg of vapour per litre of liquid passing into the tank during any period of 4 hours	Environment Protection Authority of Victoria method B20: Volatile Organic Compounds
8	Vapour of a volatile organic liquid—during transfer into a delivery tank of capacity more than 12 kL at a rate exceeding 30 ML per year	(a) Incineration of emitted vapour	1.5 g/m3 of unburnt vapour	12% CO2 reference level
		(b) Recovery of emitted vapour	110 mg of vapour per litre of liquid passing into the tank during any period of 4 hours	Environment Protection Authority of Victoria method B20: ‘Volatile Organic Compounds’
9	Fluorine compounds	Any source	0.05 g/m3 (expressed as hydrofluoric acid)	Australian Standard AS 3580.13.1 and AS 3580.13.2
10	Chlorine and chlorine compounds (except hydrochloric acid)	Any source	0.2 g/m3 (expressed as chlorine)	Sampling by Greenburg‑Smith impingement techniques, as set out in the Manual of Air Quality Testing, published by the NSW Environment Protection Authority, as in force on 1 August 1997, for determination of chlorine
11	Carbon monoxide	Any source (except a stationary industrial diesel vehicle or standby generator)	1.0 g/m3	Australian Standard AS 3580.7.1‑2011: direct‑reading instrumental method
12	Hydrogen sulphide	Any source	5.0 mg/m3	Australian Standard AS 3580.8.1
13	Antimony, arsenic, cadmium, lead, mercury or vanadium, or a compound of any of those substances	Any source	10.0 mg/m3 in aggregate, in any combination (expressed in each case as the relevant metal)	ICP standard method, with analysis, by NATA accredited laboratory, of collected particulate matter for heavy metals content
14	Cadmium and its compounds	Any source	3.0 mg/m3 (expressed as cadmium)	ICP standard method, with analysis, by NATA accredited laboratory, of collected particulate matter for heavy metals content
15	Nickel and its compounds (except nickel carbonyl)	Any source	20.0 mg/m3 (expressed as nickel)	ICP standard method
16	Nickel carbonyl	Any source	0.5 mg/m3 (expressed as nickel)	Environment Protection Authority of Victoria method B20: ‘Volatile Organic Compounds’; or National Institute for Occupational Safety and Health (NIOSH) method 6007
17	gaseous emission (excluding the effect of water vapour in the emission)	any undertaking	opacity greater than 20%	Australian Standard AS 4323.1‑1995

Note: This Schedule does not set out investigation levels for air pollutants emitted from a source other than a stationary source.

Part 2—Ambient air quality objectives

2.01 Ambient objectives

The ambient objective for a substance mentioned in column 1 of an item in table 2 is that concentrations of the substance in air at an airport, measured over the period of time mentioned in column 2 of the item, do not exceed the maximum averaged concentration mentioned in column 3 of the item.

Table 2

Item no.	Column 1 Substance	Column 2 Averaging period	Column 3 Ambient objective (maximum averaged concentration)
Part 1			µg/m3	(ppm)
1	Lead	3 months		1.5
2	Photochemical oxidants	1 hour 4 hours	210 170	0.10 0.08
3	Sulphur dioxide	1 year 1 hour 10 minutes	60 570 700	0.02 0.20 0.25
4	Total suspended particulates	1 year	90
5	Nitrogen dioxide	1 hour	320	0.16
6	Sulphates	1 year	15
Part 2			mg/m3	(ppm)
7	Carbon monoxide	8 hours	10.0	9

Note: The goals for photochemical oxidants assume measurement of ozone only (the major constituent of photochemical oxidant).

Schedule 2—Water pollution—investigation levels

Note: See subsection 16(3) and paragraph 21(1)(a).

1.01 Definitions

In this schedule:

fresh water means water containing total dissolved solids of less than 1000 mg/l, and includes any water of that quality in a pipe, drain or man‑made channel delivering water for use by humans or animals.

marine water means ocean, sea, coastal or estuarine water, and includes river water affected by the tide.

MPN/100ml means most probable number of coliform count per 100 millilitres.

seasonal mean TSS means the mean total of suspended solids for a climatic season, calculated in accordance with methodology acceptable to an airport environment officer for the airport concerned, taking into account the climatic and topographic conditions of the locality in which the airport is located.

waters has the same meaning as it has in section 16.

1.02 Indicators of adverse chemical effect

(1) Without limiting subsection 16(1), the chemical condition of water is adversely affected if an event mentioned in this clause occurs.

Dissolved oxygen

(2) There is an adverse effect if, because of the entry of a substance into waters, the dissolved‑oxygen content of the waters falls:

(a) below 6 mg/l; or

(b) to 80% of the average saturation level for a normal 24 hour period.

(3) There is an adverse effect if, because of the entry of a substance into waters, the pH of the waters:

(a) for fresh water—falls below 6.5, or rises above 9.0; or

(b) for marine water—rises by more than 0.2 pH unit.

Salinity

(4) There is an adverse effect if, because of the entry of a substance into waters:

(a) the salinity of the water rises above 1000 mg/l; or

(b) the salinity rises by more than 5%.

Turbidity

(5) There is an adverse effect if, because of the entry of a substance into waters:

(a) the TSS (total suspended solids) of the waters changes by more than 10% from the seasonal mean TSS; or

(b) visual clarity within the euphotic zone is reduced by more than 10% from the seasonal mean clarity.

Faecal coliforms

(6) There is an adverse effect if, because of the entry of a substance into waters:

(a) the median faecal coliform count of test samples of the waters exceeds 150 faecal coliform organisms/100 ml; and

(b) the faecal coliform count of more than 20% of at least 5 test samples of the waters, taken at regular intervals during a period no longer than 1 month, exceeds 600 faecal coliform organisms/100ml.

Temperature

(7) There is an adverse effect if, because of the entry of a substance into waters, the temperature of the waters rises by more than 2º C above the seasonal mean temperature.

1.03 Table 1—investigation levels of contamination

Columns 2 and 3 of an item in table 1 set out, for the purposes of paragraph 21(1)(a) of this instrument, the investigation level for contamination of fresh water or marine water by a substance mentioned in column 1 of the item.

Table 1

Item no.	Column 1 Substance	Column 2 Investigation level for fresh water (µg/1)	Column 3 Investigation level for marine water (µg/l)
	Inorganic toxicants:
1	Aluminium	100.0
2	Ammonia	20.0
3	Antimony	30.0	500.0
4	Arsenic	50.0	50.0
5	Beryllium*	4.0
6	Cadmium	0.2	2.0
7	Chromium	10.0	50.0
8	Copper*	2.0	5.0
9	Cyanide	5.0	5.0
10	Iron	1000.0
11	Lead	1.0	5.0
12	Mercury (except as provided in item 13)	0.1	0.1
13	Mercury, occurring as methylmercury	0.012	0.025
14	Nickel*	15.0	15.0
15	Selenium	5.0	70.0
16	Silver	0.1	1.0
17	Sulphide	2.0	2.0
18	Thallium	4.0	20.0
19	Tin (tributyltin)	0.008	0.002
20	Zinc*	5.0	50.0
	Organic toxicants:
21	Surfactants and oil dispersants	<0.05 for a 96 hour period	<0.05 for a 96 hour period
	Total petroleum hydrocarbon
21A	Fuel (C6–C9 fractions)	150.0
21B	Mineral oil (>C9 fractions)	600.0
	Halogenated aliphatic compounds:
22	Hexachlorobutadiene	0.1	0.3
	Monocyclic aromatic compounds:
23	Benzene	300.0	300.0
24	Ethylbenzene	140.0
25	Phenol	50.0	50.0
26	Toluene	300.0
	Chlorinated benzenes
27	Monochlorobenzene	15.0
28	1,2 dichlorobenzene	2.5
29	1,3 dichlorobenzene	2.5
30	1,4 dichlorobenzene	4.0
31	1,2,3 trichlorobenzene	0.9
32	1,2,4 trichlorobenzene	0.5
33	1,3,5 trichlorobenzene	0.7
34	1,2,3,4 tetra‑chlorobenzene	0.1
35	1,2,3,5 tetra‑chlorobenzene	0.1
36	1,2,4.5 tetra‑chlorobenzene	0.2
37	Pentachlorobenzene	0.03
38	Hexachlorobenzene	0.007
	Chlorinated phenols
39	Monochlorophenol	7.0
40	2,4 dichlorophenol	0.2
41	Trichlorophenol (total)	18.0
42	2,4,5 trichlorophenol	1.0	8.0
43	2,4,6 trichlorophenol	10.0
44	Tetrachlorophenol	1.0

45	2,3,4,6 tetra‑chlorophenol	1.0
46	Pentachlorophenol	0.05	0.2
	Nutrients (in river or stream waters)
47	Phosphorus	10.0
48	Nitrogen	100.0
	Nutrients (in lake or reservoir waters)
49	Phosphorus	5.0
50	Nitrogen	100.0
51	Chlorophyll‑a	2.0
	Nutrients (in estuarine or embayment waters)
52	Phosphates, expressed as P		5.0
53	Nitrates, expressed as N		10.0
54	Ammonium, expressed as N		5.0
55	Chlorophyll‑a		1.0
	Nutrients (in coastal waters)
56	Phosphates, expressed as P		1.0
57	Nitrates, expressed as N		10.0
58	Ammonium, expressed as N		5.0
59	Chlorophyll‑a		1.0
	Pesticides:
	Organochlorines
60	Aldrin	0.01	0.01
61	Chlordane	0.004	0.004
62	DDE	0.014	0.014
63	DDT	0.001	0.001
64	Dieldrin	0.002	0.002
65	Endosulfan	0.01	0.01
66	Endrin	0.003	0.003
67	Heptachlor	0.01	0.01
68	Lindane	0.003	0.003
69	Methoxychlor	0.04	0.04
70	Mirex	0.001	0.001
71	Toxaphene	0.008	0.008
	Organophosphate
72	Chlorpyrifos	0.001	0.001
73	Demeton	0.1	0.1
74	Guthion	0.01	0.01
75	Malathion	0.07	0.1
76	Parathion	0.004	0.004
77	Acrolein	0.2	0.2
	Phthalate esters:
78	di‑n‑butylphthalate	4.0	4.0
79	di(2‑ethylhexy) phthalate	0.6	0.6
80	other phthalate esters	0.2	0.2
	Polyaromatic hydro‑carbons:
81	Polychlorinated biphenyls	0.001	0.001
82	Polycyclic aromatic hydrocarbons	3.0	3.0

Schedule 3—Soil pollution—investigation levels

Note: See paragraph 21(1)(a).

1.01 Table 1—areas of an airport generally

Column 2 of an item in table 1 sets out, for the purposes of paragraph 21(1)(a), the investigation level of the pollutant substances mentioned in column 1 of the item.

Table 1

Item no.	Column 1 Substance	Column 2 Investigation level (mg/kg)
1	Aldrin (including aldrin and dieldrin in combination)	50
2	Arsenic (total)	500
3	Benzo (a) pyrene	5
4	Beryllium	100
5	Cadmium	100

6	Chlordane	250
7	Chromium (III)	600,000
8	Chromium (VI)	500
9	Copper	5,000
10	Cyanides (complexed)	2,500

11	Dieldrin (including dieldrin and aldrin in combination)	20
12	DDT	1,000
13	Heptachlor	50
14	Lead	1,500
15	Manganese	7,500

16	Methyl mercury	50
17	Mercury (inorganic)	75
18	Nickel	3,000
19	Polycyclic aromatic hydrocarbon	100
20	PCB (total)	50

21	Phenol	42,500
22	Zinc	35,000
23	Total petroleum hydrocarbon—fuel (C6–C9 fractions)	800
24	Total petroleum hydrocarbon—mineral oil (>C9 fractions)	5,000
25	Benzene	1
26	Ethylbenzene	50
27	Toluene	130
28	Xylene	25

1.02 Table 2—areas of environmental significance

Column 2 of an item in table 2 sets out, for the purposes of paragraph 21(1)(a), the investigation level of the pollutant substances mentioned in column 1 of the item.

Table 2

item no.	Column 1 Substance	Column 2 Investigation level (mg/kg)
	Heavy Metals
1	Antimony	20
2	Arsenic	20
3	Barium	200
4	Cadmium	3
5	Chromium	50

6	Cobalt	170
7	Copper	60
8	Lead	300
9	Manganese	500
10	Mercury	1

11	Molybdenum	20
12	Nickel	60
13	Tin	50
14	Zinc	200
	Mineral pollutants
15	Boron	75
	Phenolic compounds
16	Phenols (total)	0.5
	Aromatic hydrocarbons
17	Benzene	0.5
18	Toluene	3
18A	Ethylbenzene	5
18B	Xylene	5
	Total petroleum hydrocarbon
18C	Fuel (C6–C9 fractions)	100
18D	Mineral oil (>C9 fractions)	1,000
	Polyaromatic hydrocarbons
19	PAH (total)	5
	Chlorinated hydrocarbons
20	PCB (total)	1
	Pesticides
21	Aldrin	0.05
22	Dieldrin	0.2
23	DDT	0.97
	Other chemicals
24	Sulphate	2,000

Schedule 4—Excessive noise—guidelines

Note: See subsection 18(2) and paragraphs 26(a) and (b).

Part 1—Introductory

1.01 Purpose of Schedule

For the purposes of subsection 18(2) of this instrument, this Schedule sets out the indicators of excessive noise.

Note: Generation of excessive noise is not, of itself, an offence under this instrument.

1.02 Definitions

In this Schedule:

average maximum A‑weighted sound pressure level has the same meaning as it has in Australian Standard AS 1055.

A‑weighted sound pressure level has the same meaning as it has in Australian Standard AS 1055.

background noise level, at a particular place, means the level of noise, calculated as the A‑weighted sound pressure level measured at that place, using time weighting ‘F’, that is exceeded for 90% of a period of at least 15 minutes.

equivalent continuous A‑weighted sound pressure level has the same meaning as it has in Australian Standard AS 1055.

time weighting ‘F’ has the same meaning as it has in Australian Standard AS 1259.

Part 2—Sensitive receptors

2.01 Application

This Part applies to sites of sensitive receptors, and a reference in a provision of this Part to a sound pressure is a reference to sound pressure audible at the site of a sensitive receptor.

2.02 Noise from construction, etc

(1) Noise generated from construction, maintenance or demolition of a building or other structure at an airport should not exceed 75 dB(A), calculated in accordance with subclause (2), at the site of a sensitive receptor.

(2) For the purposes of subclause (1), the sound pressure level of a particular noise is the sound pressure level that is exceeded for 10% of a period of at least 15 minutes, adjusted to take account of tonal character and impulsiveness (if any) of the noise.

2.03 Noise from road traffic

Noise generated from road traffic on the site of an operator of an undertaking at an airport should not exceed:

(a) 60 dB(A), calculated as the equivalent continuous A‑weighted sound pressure level for a 24 hour period of measurement; and

(b) 55 dB(A), calculated as the equivalent continuous A‑weighted sound pressure level for an 8 hour period of measurement from 22:00 hours on a particular day to 06:00 hours on the following day.

2.04 Noise from rail traffic

Noise generated from rail traffic operated at an airport should not exceed:

(a) 87 dB(A), calculated as the average maximum A‑weighted sound pressure level for a period of at least 15 minutes measurement; and

(b) 60 dB(A), calculated as the equivalent continuous A‑weighted sound pressure level for a 24 hour period of measurement; and

(c) 55 dB(A), calculated as the equivalent continuous A‑weighted sound pressure level for an 8 hour period of measurement from 22:00 hours on a particular day to 06:00 hours on the following day.

2.05 Noise from ground‑based aircraft operations

(1) For ground‑based aircraft operations, there are no indicators of noise that is excessive, but the following considerations apply in determining whether noise is excessive.

(2) Noise from ground‑based aircraft running for any reason should only be generated in a manner that is consistent with:

(a) within one year after the airport at which the ground running is being conducted is first leased—guidelines for ground running published by the Federal Airports Corporation and in effect when this instrument is made; or

(b) at a time after one year after the airport is first leased—express provision in the final master plan for the airport.

(3) In relation to other ground‑based operations and in relation to ground‑based aircraft running at times other than a time to which subclause (2) applies, matters to be considered are:

(a) the distance between the source of the noise and the site of the sensitive receptor; and

(b) the background noise level; and

(d) if the noise source is an aircraft engine—the power setting of the engine; and

(e) anything included in the final master plan (if any) for the airport at which ground running is being conducted that is relevant to this clause.

(3A) This clause applies to noise generated from ground‑based aircraft running at Sydney West Airport before the first final master plan is in force for that airport as if:

(a) the words “express provision in the final master plan” were omitted from paragraph (2)(b); and

(b) the words “the conditions in an airport plan” were substituted in paragraph (2)(b); and

(d) the words “conditions in an airport plan” were substituted in paragraph (3)(e).

(4) In this clause:

ground‑based aircraft operations means:

(a) operation of an auxiliary power unit of an aircraft; or

(b) ground‑based aircraft running; or

ground‑based aircraft running means test operation of an engine attached to an aircraft.

2.06 Noise from other airport operations

(1) This clause applies to noise generated from any of the following activities:

(a) aircraft refuelling;

(b) activities in connection with aircraft that do not involve the operating of an aircraft engine (for example, moving, maintaining or repairing aircraft);

(d) assembling of passengers or goods in connection with embarkation or disembarkation of aircraft;

(e) operation of fixed audible alarm or warning systems.

(2) Noise generated from an activity mentioned in subclause (1) should not exceed the background noise level at the sensitive receptor site:

(a) between the hours of 07:00 and 22:00—by more than 5 dB(A); and

(b) between 22:00 hours of a day and 07:00 hours of the next day—by more than 3 dB(A).

(3) For subclause (2), the sound pressure level of a particular noise is the sound pressure level that is exceeded for 10% of a period of at least 15 minutes, adjusted to take account of tonal character and impulsiveness (if any) of the noise.

Part 3—Commercial receptors

3.01 Application

This Part applies to sites of commercial receptors, and a reference in a provision of this Part to a sound pressure is a reference to sound pressure measurable at the site of a commercial receptor.

3.02 Noise from any source

For sites of commercial receptors, the indicators of noise that is excessive are the indicators mentioned for sites of sensitive receptors, but the following considerations also apply in determining whether noise is excessive at a particular site:

(a) the nature of the business conducted at the site;

(b) the time of day when the noise occurs;

(d) the nature and characteristics (if any) of the noise;

(e) the background noise level.

Part 4—Measuring noise

4.01 Procedures and standards

(1) This clause sets out the procedures and standards to be applied by an airport environment officer in measuring noise for the purposes of this instrument.

Procedure

(2) In making a measurement, an airport environment officer must do so:

(a) at the most affected site of sensitive receptor, or commercial receptor, as the case requires; and

(b) by a procedure that is in accordance with:

(i) the relevant Australian Standard (if any) as in force at the commencement of this instrument; or

(ii) if a procedure is detailed in the final master plan (if any) for the airport concerned—that procedure; or

(iii) if neither paragraph (a) or (b) apply—a relevant procedure published by the International Organisation for Standardisation (if any), as in force at the commencement of this instrument.

(2A) Paragraph (2)(b) applies to a measurement of noise generated at, over or under Sydney West Airport before the first final master plan is in force for that airport as if:

(a) the words “detailed in the final master plan (if any)” were omitted from subparagraph (ii) of that paragraph; and

(b) the words “required by the conditions in an airport plan” were substituted.

Construction of buildings, etc

(3) The standard to be applied in determining the level of noise generated from construction, maintenance or demolition of a building or other structure at an airport is Australian Standard AS 1055.

Road traffic

(4) The standard to be applied in determining the level of noise generated from particular road traffic at an airport is Australian Standard AS 2702.

Rail traffic

(5) The standard to be applied in determining the level of noise generated from particular rail traffic at an airport is Australian Standard AS 2377.

Ground‑based aircraft operations

(6) The standard to be applied in determining the level of noise generated from particular ground based aircraft operations at an airport is Australian Standard AS 1055.

Other airport operations

(7) The standard to be applied in determining the level of noise generated from an activity mentioned in subclause 2.06(1), at an airport, is Australian Standard AS 1055.